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(영문) 인천지방법원 부천지원 2018.09.28 2017가단112104

손해배상(기)

Text

1. Defendant C, D, E, and F jointly share to the Plaintiff KRW 6,409,080, and those related thereto from July 8, 2017 to September 28, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a female female student, H as a female student, and J as a female student, both of which were L Middle School in 2017 (hereinafter “instant school”). Defendant C, Defendant E, and F are the parents of H, Defendant E, and Justice.

나. J은 2017. 5. 24. 이 사건 학교 과학실에서 1교시 과학수업이 끝난 후 개수대 앞 책상에서 개수대 방향으로 의자를 빼었고, 마침 위 책상과 개수대 사이를 지나가던 H이 그 의자에 걸려 넘어지면서 개수대 앞에 서 있던 원고와 부딪쳤으며, 원고는 바닥에 엉덩방아를 찧어 천골 골절상 등을 입었다.

J stated that the plaintiff was not able to be appropriate immediately after that.

【Ground of recognition】 The fact-finding without any dispute, Gap 2, 10, Gap 11 part, Eul 1-3, Eul 2, and the purport of the whole pleadings

b. Claim against Defendant C, D, E, and F

A. According to the facts found in the establishment of the liability for damages, a person who intends to deduct a suspect in the above scientific room’s book has a duty of care to prevent the occurrence of safety accidents, after checking whether he/she later passes, and after deducting a person who will pass after his/her will.

The J neglected to do so.

In addition, a person who walkes between the above scientific room room and the repair room has a duty of care to check whether he/she is a person who intends to deduct a speaker, and to prevent him/her from facing another person.

The H neglected to do so.

As to the facts that there was no intelligence to change the responsibility of the act at the time, the Plaintiff suffered the injury as above due to the negligence of the J and H, for which there was no dispute between the parties, and thus, Defendant C, D, E, and F are the persons with parental authority to supervise H and J (hereinafter “Defendant parents”), and are liable to compensate the Plaintiff for the damages pursuant to Article 755(1) of the Civil Act.

(b) Scope of damages;