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(영문) 의정부지방법원고양지원 2016.02.04 2015가단74254
손해배상(기)
Text

1. The Defendants jointly and severally against the Plaintiff (Appointeds) KRW 500,000, KRW 500,000 to the Appointeds D, and KRW 2,000 to the Appointeds E.

Reasons

1. Following the occurrence of liability for damages, the following facts may be acknowledged either as a dispute between the parties or as a whole by taking account of the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 17.

① From July 2014, Defendant B is the head of a childcare center that operates G Child Care Centers located in Goyang-gu, Seoyang-si (hereinafter “instant child care center”); and Defendant C is the child care teacher who works as a teacher in charge of the designated child care center E (hereinafter “victim”) from November 5, 2014 to November 5, 2014.

② On January 7, 2015, at the above child care center around 13:50, Defendant C moved the victimized child to the ward on the ground that the victimized child did not sleepd at the lower lock time, and that it interfered with other children’s diving, Defendant C moved the victimized child to the ward. On the ground that the victimized child took lurgs over the floor of the ward and took lurgs into the room, and shut down the door by moving about 3 meters to the room without any change.

③ Defendant C was charged with committing physical abuse that may harm the physical health and development of a child, and Defendant C, an employee of Defendant B, committed the above abuse with respect to Defendant B’s duties. Around August 7, 2015, this court found Defendant C guilty of the above crime and sentenced Defendant C to a fine of KRW 5,00,000,000 and a fine of KRW 1,00,000,000, respectively.

According to the above facts of recognition, since Defendant C committed a tort such as the above physical abuse against a victimized child, it is liable to compensate the Plaintiff (appointed party) and the appointed party D for the damages caused by such tort. Defendant B is the employer of Defendant C, and is jointly and severally liable with Defendant C for compensation for the damages caused by such tort as to the duties of Defendant C.

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