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(영문) 울산지방법원 2017.12.07 2017나23950

손해배상(기)

Text

1.The judgment of the first instance shall be modified as follows:

Of the instant lawsuits, the physical appraisal cost of KRW 4,643,950 shall be paid.

Reasons

1. Basic facts

A. Plaintiffs A, F, and G were those who were enrolled in the same half of the year H middle school around April 2013.

Plaintiff

B and C are the parents of Plaintiff A, Defendant D is the F, and Defendant E is the respective departments of G.

B. Plaintiff A is a student whose average level of boundary (FI Q: 70, VI Q: 71, and PI Q: 73) shows intellectual capabilities and whose level of boundary (FI Q: 70, and PI Q: 73) falls short of the average level of control and caution.

C. F and G are the bullying of Plaintiff A as shown in attached Forms 1 and 2.

(G) During the year of the Promotion Act, G refers to “G” and “F”; hereinafter “instant accident”). D.

On July 4, 2014, G received juvenile protective disposition (protective custody entrustment, 40 hours’ attendance order) by Busan District Court Decision 2014Ma967, and F received juvenile protective disposition (a short-term juvenile reformatory transfer order) by the Busan Family Court on September 5, 2014.

E. From July 18, 2013 to 100, Plaintiff A continuously complained of symptoms, such as neutism, apprehensions, paralysis, suicide accidents, and influence, and received drug treatment and counseling treatment. From March 2014, Plaintiff A complained of sexual assault, and symptoms have deteriorated. Despite various treatment, psychological and mental symptoms have not been provided, regardless of drugs, nutrition treatment, counseling treatment, etc., Plaintiff A was diagnosed on September 1, 2014.

F. On July 19, 2014, Plaintiff A also was diagnosed or treated by the said symptoms at the J Hospital on July 21, 2014, and from July 24, 2014, at the G Hospital Ulsan oriental Medical Center of the Dong University (U.S.).

[Reasons for Recognition] The facts without dispute, Gap 1, 2, 5 through 9, Eul 1 and 2, Eul 1 and 2 (including each number; hereinafter the same shall apply), the result of physical appraisal of the Busan 0 Hospital annexed to the Incheon 0 Hospital annexed to the first instance court, the purport of the whole pleadings

2. Determination

A. (1) According to the above facts of recognition, F and G committed a joint tort with mental and physical pain to Plaintiff A through the instant accident.