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(영문) 수원지방법원 2015.01.22 2014가단26336
손해배상(기)
Text

1. The Defendants: (a) each of the Plaintiff A KRW 10,05,531, Plaintiff B, and C respectively; and (b) each of them on April 28, 2013.

Reasons

1. The plaintiffs asserted that, inasmuch as Defendant D, who is a minor, also inflicted bodily injury upon the plaintiff A by assaulting the plaintiff who is a minor, the defendants asserts that they should compensate the plaintiffs for the damages as tort liability.

As to this, the Defendants asserted to the effect that the instant case occurred in the course of fighting between Defendant D and Plaintiff A, and that the Plaintiff’s negligence exists in the course of expanding the damages, the amount of damages should be adjusted appropriately.

2. Occurrence of liability for damages;

A. (1) On April 28, 2013, Defendant D brought an injury to the Plaintiff, who was enrolled in the third grade of the same middle school at G Private Institutes in Osan on April 28, 2013, while disputing the Plaintiff, who was enrolled in the third grade of the same middle school, due to their face in drinking.

(2) Defendant D was charged with this case’s assault, and was sentenced to suspension of indictment on the condition that the probation office was entrusted to guide the probation office as of July 26, 2013.

(3) Plaintiff B and C are the parents of Plaintiff A, and Defendant E and F are the parents of Defendant D.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 5, 11, 12 and Eul's evidence 1, 2, 4, 5, 8, and the purport of whole pleadings

B. According to the above facts of recognition, it can be recognized that there was an injury to Plaintiff A due to Defendant D’s tort, and Defendant D is liable for compensating for the damages suffered by the Plaintiffs due to this assault.

Furthermore, Defendant E and F, the parents of Defendant D, had a duty of care to protect and supervise Defendant D, who is a minor, in a school, private teaching institute, etc. in order to prevent violence to others, but neglecting this duty and causing violence and injury. As such, the above Defendants are liable to compensate for the damages suffered by Defendant D and each of the plaintiffs.

However, the above evidence, Gap evidence Nos. 11 through 14, and Eul evidence No. 6, are considered as the statements or images.

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