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(영문) 전주지방법원 2014.11.13 2014나3293
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasoning for the court’s explanation of this part of the judgment of the court of first instance is that Article 420 of the Civil Procedure Act is the same as the corresponding part of the judgment of the court of first instance, except in the case where Article 2(2) of the judgment of the court of first instance is used as the next 2-B, and that Article 3(b) of the judgment is the same as the subsequent 2-B.

2. Parts to be dried;

A. The Plaintiffs asserted that Plaintiff A complained of the head from Effinson-Linson’s disease on the date of the instant accident, which was the heart disease, due to Efinson-Linson Efinson’s disease, the head of which was suffering from the heart on the date of the instant accident, and demanded H to give early retirement to the teacher affiliated with the Defendant, and demanded G, a health teacher affiliated with the Defendant, to prescribe ice.

However, H refused the request of Plaintiff A to conduct night-time self-learning. G did not take measures such as listening to the existing illness from Plaintiff A and conducting a dynamic test (e.g., diagnosis and promotion). He neglected the management of the student health register, which recorded the student’s pathology, and issued a ice play instead of an A’s ice, in which the Plaintiff did not know of the student’s disease.

Since the accident of this case occurred due to the above violation of the duty to protect the students of the above teachers, the defendant is liable to compensate the plaintiffs for the damages caused by the accident of this case as the user of the above teachers.

B. First of all, as to whether H neglected the duty to protect the Plaintiff as a teacher, each of the written statements (Evidence A 5-3-5) prepared by the Plaintiff’s school relatives (Evidence A-5-3-5) are written in accordance with the facts that H refused the Plaintiff’s demand for early retirement. However, there is no entry of the date of preparation in each of the above written statements, and the evidence No. 5-4-5 and No. 5 were written after a considerable time after the occurrence of the instant accident, and the evidence No. 5-4, as a witness of the first instance trial, I, the author of the evidence No. 5-4, present himself as a witness of the first instance trial.

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