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(영문) 광주고등법원(전주) 2016.04.07 2015나101479

손해배상(기)

Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The Defendant: (a) was a school foundation operating the Howon University (hereinafter “Defendant School”); (b) established a public official training team in the Defendant’s school; and (c) had students prepare for a public official examination; and (d) E was a student in the third grade of the Defendant’s Dschool in preparing for a public official examination in the public official training group.

B. From May 24, 2014, E, from around 20:00 to around 20:0, after drinking alcohol with other students in the 7th reading room of the Defendant’s school dormitory, he fell from the F windows of the Defendant’s school dormitory on May 25, 2014, and died due to the dives damage of the light and chest clothes by fall at around 05:02 on the same day.

(hereinafter referred to as “E” and the crash accident is referred to as “instant accident”).

Plaintiff

A and the Selection B are the parents of the deceased, and the Selection C are the women of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, Gap evidence No. 5-1 and 10, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that: (a) the Defendant neglected to guide and supervise students by opening a public official training team and allowing students to lead a dormitory life; (b) failing to properly control alcoholic beverages or drinking alcohol in the dormitory; and (c) not taking appropriate protective measures despite the discovery of a taking student; and (b) the height of the window installed in the dormitory is 85 cm away from the floor, and thus, the Defendant’s failure to install a safety salary for preventing the fall of the students, despite the risk of falling.

However, due to the above mistake by the defendant, the deceased fell from the dormitory window and died, and the defendant is obligated to compensate the plaintiff and the Appointor for the damages suffered by the deceased, the plaintiff and the Appointor.

B. Whether there was an error in management and operation of the Defendant.