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(영문) 제주지방법원 2016.10.18 2015가단56108
손해배상(기)
Text

1. The Defendants jointly share KRW 28,661,880 with respect to the Plaintiff and the period from November 5, 2014 to October 18, 2016.

Reasons

1. Occurrence of liability for damages;

A. The following facts are without dispute between the parties, or evidence Nos. 1, 2-1 through 3, 2-1 through 3, 3-1, and 1, and 5-1, and there is no reflective evidence. A) G while attending the fifth year of F Elementary School in Seopoposi E, Seopoposi-si, after completing a course of study at around 14:00 on Nov. 5, 2014, a bicycle play together with Ha, etc. in the school playground, while getting a bicycle riding on the floor after getting a bicycle of H driving, the Plaintiff was unable to find the Plaintiff who was accumulated on the floor after getting a bicycle riding, and caused the Plaintiff to suffer injury, such as cutting off the eromosome, by getting the Plaintiff from the front part of the bicycle, and caused the Plaintiff to do so.

(B) The Plaintiff was determined as a intellectual disability and was in the fifth grade of F Elementary School, and was under the exclusive management of the teacher in charge of special affairs in school life, and even after completion of the class, he was under the care of the teacher in charge of special affairs and returned to his parents. At the time of the instant accident, at the time of the instant accident, I, the teacher in charge of special affairs, was in a state where I did not take any measures to protect the Plaintiff’s parents before the Plaintiff’s parents arrive at the school to take over the Plaintiff’s parents. C) Defendant D is the father of G, and Defendant Jeju Special Self-Governing Province is a local government that establishes and operates F elementary school.

2. According to the above facts of recognition, Defendant D is a supervisor of G pursuant to Article 755(1) of the Civil Act, and Defendant Jeju Special Self-Governing Province is a local government to which I belongs, which is a public educational official, and is jointly liable pursuant to Article 2(1) of the State Compensation Act to compensate the Plaintiff for the damages caused by the instant accident.

B. However, according to the foregoing evidence, the Plaintiff also enjoy the same on the floor of the playground where the Plaintiff-friendly club was playing a bicycle riding.

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