logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.12.11 2018나57742
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) Plaintiff A and Defendants’ children F were in attendance at the first grade and sixth grade of G elementary school in 2016. F was in attendance at the first grade and sixth grade of G elementary school. 2) On August 16, 2016, Plaintiff A and the Defendants were in attendance at the care classroom with Plaintiff A while working in the care classroom, and Plaintiff A reached the Plaintiff’s eye due to a brupted pen.

As a result, the plaintiff A suffered injury, such as an in-depth injury and stress disorder in the number of days of treatment.

3) On December 27, 2016, G Elementary School held an autonomous committee for countermeasures against school violence to deliberate on the said accident, and decided to F to take measures to undergo special education or psychological treatment by a document company under Article 17(1)1 of the Act on the Prevention of and Countermeasures against School Violence, by an internal or external expert under Article 17(1)5, and by taking five hours of special education by a guardian under Article 17(9) of the said Act against the Defendants. (4) Plaintiff B and C are the parents of Plaintiff A.

[Reasons for Recognition] The facts without dispute, Gap's 1 to 15, 17, 18 (including each number in the case of additional statements) and the purport of the whole pleadings

B. According to the above facts of determination, F’s act of melting Plaintiff A’s eye constitutes a tort, and the Plaintiffs suffered emotional distress due to the above tort. However, F did not have the ability to change the legal responsibility due to the first grade student of elementary school under 8 years of age at the time of the above tort, and the Defendants, as F’ person with parental authority, are liable to compensate the Plaintiffs for damages due to F’s tort pursuant to Article 755(1) of the Civil Act.

Meanwhile, the Plaintiffs seek only mental compensation against the Defendants. In full view of all the circumstances revealed in the records, such as health class, the background of the accident, the relationship between the parties concerned, and the circumstances after the accident, it is reasonable to determine the amount of consolation money as KRW 2,00,000 in the case of Plaintiff A, and KRW 1,00,000 in the case of Plaintiff B and C.

Therefore, it is true.

arrow