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(영문) 수원지방법원 2014.09.03 2013가단223833
부당이득금반환청구
Text

1. The Defendant’s KRW 48,114,188 and the above money to the Plaintiff are 5% per annum from December 16, 2013 to September 3, 2014.

Reasons

1. Basic facts

A. At the time of October 4, 2007, the Plaintiff was a student who was enrolled in the fourth grade D of C elementary school located in Namyang-si, Namyang-si.

B. At around 9:57 on October 4, 2007, about 17 elementary school students including the Plaintiff et al.: (a) spawned on the part of the Plaintiff at the indoor sports center at the above C Elementary School before commencing the 2nd regular sports class, such as spawning, spawning, swning, and swning, etc.; (b) one side of the spawn part of the spawn part of the spawn part of the spawn part, which supported the spawn part of the spawn part of the spawn part of the spawn part of the spawn part of the spawn part of the spawn part of the spawn part of the spa

(hereinafter referred to as “instant accident”). C.

Due to the instant accident, the Plaintiff and the Plaintiff’s family members filed a lawsuit for damages against Gyeonggi-do as the District Court 2009Gahap1174, and the said court rendered a judgment ordering the Plaintiff to pay 76,182,828 won, totaling 2,000,000 won to the Plaintiff’s family members, and 5% interest per annum from October 4, 2007 to January 21, 2010, and 20% per annum from the next day to the date of full payment, taking into account the Plaintiff’s negligence of 40%.

Therefore, the plaintiff appealed and appealed the Seoul High Court 2010Na23090, and the purport of the claim was confirmed at the above appellate court. On September 28, 2011, the above appellate court considered 40% of the plaintiff's negligence as stated in the attached table of damages calculation, and considered 78,606,591 won in consideration of the plaintiff's negligence and 121,805,805,803 won 121,805,805,853 won x 0.6 x 0.6 0.6 x 3,476,920 won in relation to the plaintiff's negligence deduction ratio of 69,60,606,600 won in total and 609,591 won in total, 91,000,000 won in the attached table of damages calculation, 206,000,000 won in future, 1281,281.

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