손해배상(기)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On November 5, 1996, the Plaintiff A entered the Army, and served as a cooking soldier exclusively in accordance with the first Order of the 2nd Sknife CJ on December 20, 1996, and was discharged from military service on February 18, 1997 after the diagnosis of a mental fission in the Armed Forces Chuncheon Hospital, which was hospitalized with the head injury on February 1997.
B. Even after discharge, Plaintiff A had been diagnosed by a hospital and E hospital as having shown abnormal mental disorder, such as mental division, and was hospitalized at the hospital several times.
C. The plaintiff B is the mother of the plaintiff A.
[Ground of recognition] Facts without dispute, Gap evidence 1, evidence 2-1, evidence 2-1, evidence 6-12, 13, 17, 19, 20, 25, 26, and 27-12, 17, 19, 20, 26, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiffs asserted that they did not work from the appointed soldiers during their military service, and they did cruel acts and assault, such as continuing running of the kitchen around the kitchen, or breaking a leash with the laco, which is difficult and difficult to cover the laco.
In addition, around January 1, 1997, when the head was lost from the Kthmoid to the slicker F, he participated in a harsh weather training and was dissleeped and sustained the head again, even if the treatment was not completed.
Ultimately, it is reasonable to view that Plaintiff A’s mental disorder disorder caused by negligence in the management and supervision of the military unit officers who did not take appropriate measures against the sacrific and cruel acts and the unit officers involved, and that the Defendant is liable to compensate the Plaintiffs for damages arising therefrom, and the specific amount of damages is as follows: ① in the case of Plaintiff A, KRW 46,489,95 won, KRW 11,275,000, KRW 40,000 in total, KRW 97,764,95, KRW 20,00 in the case of Plaintiff B, KRW 20,00 in the case of Plaintiff B.
Therefore, with respect to KRW 97,764,995 and KRW 40,000,00 among them, the Defendant is from February 18, 1997 following the discharge date to Plaintiff A, to KRW 57,764,995, which is the day following the appraisal date.