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(영문) 광주지방법원 2021.01.14 2019가단543361

손해배상(기)

Text

The Defendants jointly do so to the Plaintiff 4,803,242 won, Plaintiff B, and C respectively, and on May 3, 2019, respectively. < Amended by Act No. 15005, May 3, 2019>

Reasons

1. Basic facts

A. Plaintiff B and C are the parents of Plaintiff A (F) and the Defendants are parents of G.

B. At around 08:40 on May 2, 2019, G with a second-class student of Gwangju H was sealed by the Plaintiff who was a first-year student at the above elementary school library around 08:40 on May 2, 2019, and suffered an injury by which the right to the right of the Plaintiff was cut off (hereinafter “instant accident”). [In the absence of dispute, there is no evidence for recognition] dispute, entry of Gap’s evidence Nos. 1 through 3, and the result of this court’s inquiry into the facts against Gwangju H elementary school, the purport of the entire pleadings as a whole.

2. The assertion and judgment

A. According to the above recognition of the liability for damages, G is recognized to have caused the instant accident by neglecting his/her duty of care to prevent any injury or other damage to other students while living in school. G is a second-class student of an elementary school at the time of the instant accident and did not have the ability to change the responsibility for the said act. As such, the Defendants, as his/her parents, are jointly responsible for compensating for the damages suffered by the Plaintiffs due to the instant accident pursuant to Articles 755(1) and 753 of the Civil Act.

As to this, the Defendants asserted that the instant accident is an accident that occurred in the school library, and thus, the person without the protection and supervision is not the parents but the school teacher.

However, according to Article 755 of the Civil Act, the responsibility of legal supervision, such as a person with parental authority, to supervise a minor who has no capacity to assume responsibility, is the overall life of the minor, and even in the case where a teacher, etc. bears the duty of legal supervision on behalf of such legal supervision, it cannot be said that the legal supervision of a person with parental authority is exempted (see Supreme Court Decision 2005Da24318, Apr. 26, 2007). Thus, the defendants' above assertion is without merit.

B. 1) The range of compensation for damages: 136,400 won Plaintiff A caused by the instant accident.