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(영문) 서울중앙지방법원 2017.06.27 2016가단5064742
손해배상(기)
Text

1. The Defendant: (a) KRW 80,293,406 to Plaintiff A; (b) KRW 1,50,000 to Plaintiff B; and (c) KRW 1,50,000 to Plaintiff C; and (d) respectively.

Reasons

1. Facts of recognition;

A. At around 09:00 on July 3, 2014, when Plaintiff A was enrolled in the third grade of D High School, Plaintiff A had knenee on the ground floor when she faced with the same half of students while putting to put to put to put to put in place at the place of put in place during the 1st century of the school.

(hereinafter “instant accident”). (b)

Plaintiff

A at the time of the instant accident, at the E Hospital located in Seongbuk-gu Seoul Metropolitan Government, was diagnosed on the right kne, kne, and was in need of an operation. However, on December 9, 2014, after the completion of water capacity, A received a re-operation on the right skne, which was conducted at the Incheon University off-to-hand skne hospital.

C. Plaintiff B and Plaintiff C are the parents of Plaintiff A, and the Defendant is a corporation established under the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter “School Safety Act”), which has joined the school safety mutual aid program with the principal of the D High School.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Determination

A. Relevant provisions 1) The occurrence of liability for the payment of mutual aid benefits: 2) According to the facts of the above recognition, the accident of this case constitutes "school safety accident" as stipulated in Article 2 subparagraph 6 of the School Safety Act, and the defendant is obligated to pay the Plaintiffs the deduction benefits as stipulated in the School Safety Act for the damage caused by the accident of this case.

B. 1) The scope of the responsibility to pay disability benefits 1) The lost profit on the ability of the Plaintiff to be in operation due to the instant accident shall be KRW 77,293,406, calculated on the present price at the time of the instant accident in accordance with the Hofmanial Calculation Act, which deducts the intermediate interest at the rate of 5/12 per month based on the following basic facts, assessment details, etc.: male, date of birth (as of July 3, 2014): The age of 18 years: the maximum working age on February 10, 200, and the maximum working age.

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