손해배상(기)
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
2...
1. Facts of recognition;
A. Around 14:05 on February 17, 2004, the Plaintiff, 1994, was raising C without permission in front of the two English classrooms at Changwon-si, Changwon-si.
The accident was caused to the right hand (hereinafter referred to as "the accident of this case").
At the time of the accident, the plaintiff was the second-year student of elementary school.
B. On July 11, 2007, the Plaintiff filed a lawsuit against C for the claim for damages and received a judgment in favor of the first instance court to pay KRW 500,000 from the first instance court to the delay damages (this court No. 2007 Ghana43877) and the second instance court to pay additional KRW 1,50,000 from the delay damages (this court No. 2008Na1761) and the delay damages therefor (this court No. 2008Na1761). The Plaintiff’s appeal against the above second instance judgment was dismissed on January 30, 2009 (Supreme Court No. 2008Da858266) and the above appellate judgment became final and conclusive.
(hereinafter referred to as “the prior suit of this case”). 【No dispute exists, Gap evidence 38-1, Eul evidence 1, and 8-1, and the purport of the whole pleadings.
2. Determination as to the cause of claim
A. The Plaintiff’s assertion that the Plaintiff’s teachers at B elementary school under the Defendant’s assertion were negligent in the duty to protect the Plaintiff, and the Plaintiff suffered from the injury up to now due to opportal injury, mental fission, urology, and stress disorder in the school. As such, the Defendant is obligated to compensate the Plaintiff for medical expenses amounting to KRW 70,000,00 in total (i.e., medical expenses amounting to KRW 23,979,996).
B. The principal or teacher of a school established and operated by a local government on the basis of the judgment of this Court is obligated to protect and supervise students. Such duty to protect and supervise students pursuant to the Education Act does not affect all the students’ living relationship within the school as a duty to supervise students on behalf of a legal supervisor such as a person with parental authority. However, it belongs to a living relationship closely indivisible to educational activities in a school, the time and place of educational activities, and the perpetrator.