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(영문) 의정부지방법원 2019.12.05 2018나217098
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established by the superintendent of the Gyeonggi-do Office of Education for the school safety accident compensation mutual aid project pursuant to Article 15 of the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter “School Safety Act”), and Defendant B is the Defendant A’s reference.

B. Defendant A who was enrolled in the third grade of Chigh School located in Dongducheon-si, was injured by assaulting on December 22, 2014, such as taking the face of D, which is a student of the same school during the mid-term period.

C. As a result, D received hospitalization and outpatient treatment in a hospital, after being hospitalized in a hospital as well as internal and internal processes.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-5, the purport of the whole pleadings

2. The assertion and judgment

A. Defendant A is a direct tortfeasor of the Plaintiff’s assertion of the cause of the claim, and Defendant B is jointly and severally liable pursuant to the main sentence of Article 16(6) of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”). Since the Plaintiff paid KRW 11,386,820 for medical expenses from November 6, 2015 to December 29, 2016, the Defendants are jointly and severally liable to pay the Plaintiff KRW 11,386,820 for reimbursement pursuant to the proviso, etc. of Article 16(6) of the School Violence Prevention Act.

B. According to the above facts of recognition 1 of this court, Defendant A is directly liable for tort pursuant to Article 750 of the Civil Act; Defendant B is jointly liable for damages, such as medical expenses, as the victim of the above tort, as the guardian of Defendant A, pursuant to the main sentence of Article 16(6) of the School Violence Prevention Act; and the Plaintiff who bears medical expenses for D pursuant to the proviso of Article 16(6) of the School Violence Prevention Act may exercise the right to demand reimbursement against the Defendants, barring any special circumstance. 2) The Defendants’ claim for reimbursement of this case is consistent with the victim’s claim for damages against the Defendants.

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