손해배상(기)
1. The Defendants jointly share KRW 3,000,000 with respect thereto to the Plaintiff and the period from October 19, 2018 to March 26, 2019.
1. Basic facts
A. The Plaintiff is a student who was in the first and fifth grade classes of F Middle Schools, Defendant D is a same school as the Plaintiff, and Defendant E is the father of Defendant D.
B. Defendant D from the end of April 2018, when he was in close relation with the Plaintiff, the same year.
6. Until the end, the Plaintiff continued to bullying the Plaintiff by demanding that the Plaintiff take a bath or spathize water if he does not fit his own share, demanding what he will be on the roads to spathize, demanding that the Plaintiff be on behalf of a private teaching institute’s lodging tasks, school tasks, etc.
C. On July 9, 2018, F Middle School opened an autonomous committee on countermeasures against school violence to take measures such as contact with victim students, prohibition of intimidation and retaliation, replacement of classes, and special education.
The plaintiff was transferred to another school due to the above days, and was treated under the name of the credit stresse, the middle class, and the middle class under the medical treatment.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination as to the claim against Defendant D
A. According to the above facts, Defendant D committed the instant harmful act by assaulting the Plaintiff, etc. At the time, Defendant D was capable of changing the responsibility for his own act as a middle student who became 12 years of age.
Therefore, Defendant D is directly liable for damages incurred by the Plaintiff due to the instant harmful act as a tort.
B. The amount of consolation money to the Plaintiff is KRW 3,00,000, taking into account all the circumstances revealed in the proceedings of the instant argument, such as the relationship between the Plaintiff and Defendant D, and the circumstances after the instant harmful act, etc.
3. Determination as to the claim against Defendant E
A. Even if a minor is held liable for tort on his own due to the ability to assume responsibility, there is a proximate causal relation with the minor’s breach of duty by the supervisor.