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1. The Defendant’s KRW 8,305,633 as well as 5% per annum from June 24, 2015 to August 22, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. At around 12:20 on June 24, 2015, the Plaintiff passed the fourth-line road in the front of the C Middle School in Pyeongtaek-si B, and the front wheels of the Otoba had to go beyond the wind that takes from C Middle School, the front wheels of the Otoba came to go beyond the road.
(hereinafter referred to as the “instant accident”). The instant accident was destroyed by the Oral Ba, which was driven by the Plaintiff, and the Plaintiff suffered injury, such as the slick, the slick, the slick, the slick, the inspection of the manager, and the slick, etc.
B. At the time of the instant accident, the Cmiddle School curriculum was in progress in the playgrounds in the Cmiddle School curriculum. Nonparty D, a student, was in conflict with the Plaintiff’s Otoba, while divided the teams, and Nonparty D, a student, went out of the school platform.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 5 through 8, 10, Eul evidence Nos. 1 and 3, the purport of the whole pleadings
2. The principal of a school or a teacher established and operated by a local government that has created liability for damages is obligated to protect and supervise students. Such duty to protect and supervise students is not a duty to supervise students on behalf of a legal supervisor, such as a person with parental authority, pursuant to the Education Act and does not affect all the students’ living relations in the school. However, if it is predicted or predictability that an accident may normally occur in school life in consideration of the time and place of educational activities in the school, the ability of the perpetrator to separate himself/herself, the character and conduct of the perpetrator, the relationship between the perpetrator and the victim, and other various circumstances, the principal or teacher shall be liable for the violation of the duty to protect and supervise the students.
(see, e.g., Supreme Court Decision 2005Da24318, Apr. 26, 2007). At the time of the instant accident, the Cmiddle School curriculum was in progress in the playgrounds at the time of the instant accident.