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(영문) 서울서부지방법원 2015.01.15 2013가합7370

손해배상(기)

Text

1. The Defendants are jointly and severally liable to Plaintiff A for KRW 3,00,000, and KRW 10,000,000 to Plaintiff B, and the aforementioned amount on October 5, 2012.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) On April 12, 2004, Plaintiff B transferred to N Middle School on March 29, 201, which was registered as a disabled student with a intellectual disability 1st degree, and received special education for students with developmental disability at M schools providing integrated education.

Plaintiff

A is the mother of the plaintiff B.

(2) O, P, Q, R, and S are the same Class 8 students of Plaintiff B’s N Middle School in March 3 (hereinafter “Defendant students”), and Defendant C, Defendant E, and F are the parents of the aboveO, Defendant G, and H are the parents of the above P, Defendant G, and H are the parents of the above Q, Defendant I, and Defendant K, and L are the parents of the above R, Defendant K, and parents of the above S (hereinafter “Defendant parents”), and Defendant Seoul Special Metropolitan City are the local governments that establish and operate the above N Middle School.

(3) In the special team where the special teacher was assigned, Plaintiff B was educated in the form of learning the specific subjects, such as Korean language, English, and academic studies, together with ordinary students, and living in the ordinary world.

In general, the defendant students, who are the same group students, were harassing the plaintiff B by playing the plaintiff B or slicking the plaintiff B and slickly sound on the side.

(4) Around 13:00 on February 8, 2012, the day prior to the graduation ceremony, the Defendant’s students sent Plaintiff B to the back of a T apartment in Eunpyeong-gu Seoul, and walked with her head and body body in a number of times, her head and body, etc. with a drinking, and her joint assaulted the Plaintiff B with 30 minutes, such as her hand and her hand, thereby inflicting an injury on the Plaintiff B, such as a video, etc. around the snow, her hand, etc.

(hereinafter referred to as the "first assault". The defendant student sent the case to the Seoul Family Court for juvenile protection to the above delinquency, and the remaining students exceptO were subject to juvenile protective disposition.

(O) (5) According to the result of the physical examination of the instant court, the Plaintiff B shall have a mental disability, such as a smooth intellectual disability or self-defashion, etc., in light of the results of the physical examination of the hospital and Seoul National University Hospital.