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(영문) 서울고등법원 (춘천) 2018.11.14 2017나969

공제급여청구의 소

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

2...

Reasons

1. Basic facts

A. On April 26, 2013, when the Plaintiff (GG) was enrolled in the fifth grade 1 of the F Elementary School, on April 26, 2013, when the computer room was moved to a team member (5) and a fourth grade computer room, the Plaintiff (V) took care of the key until the computer room H puts the key.

During the start, a corridor window is opened and a rail is broken off by side windows, and they fall down on the ground floor, and they suffered injuries such as the right-side frame and the open height of the executives.

(hereinafter “instant accident”). (b)

Plaintiff

A due to the instant accident, Seoul National University Hospital performed an operation on April 27, 2013, such as sporadic sporadic sporadic sporadic spodic spodic spodic spodic spodic spodic and spodic spodic spodic spodic spodic spodic spodic spodic spodic spodic spodic s

C. Plaintiff B and C are the parents of Plaintiff A, and Plaintiff D and E are the members of Plaintiff A.

The defendant is the School Safety Mutual Aid Association (hereinafter referred to as the "Mutual Aid Association") under Article 15 (1) of the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter referred to as the "School Safety Act").

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 and 2, or the purport of the whole pleading or video.

2. Determination as to the cause of action

A. The plaintiffs' assertion 1) The accident of this case constitutes a school safety accident as prescribed by the School Safety Act, and thus, the defendant is obligated to pay mutual aid benefits to the plaintiffs. 2) The amount of mutual aid benefits to be paid by the plaintiffs A is 270,094,380 won including 10,263,122 won of medical care benefits, 209,258 won of property damage among disability benefits, 50,000 won of disability benefits, and 50,000 won of consolation money out of disability benefits. The remaining amount of mutual aid benefits to be paid by the plaintiffs B and C are 10,00,000 won of consolation money, and 5,000,000 won of consolation money, respectively.

3. Therefore, the defendant is against the plaintiffs each of the above money and this case from April 26, 2013, which was the date of the accident of this case.