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(영문) 광주지방법원목포지원 2016.12.21 2014가단55466
손해배상(기)
Text

1. All claims filed by the Plaintiff (Appointed Party) and the designated parties against the Defendants are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. The Plaintiff’s assertion around 10:00 on May 27, 2013, Defendant B: (a) moved back from the G elementary school located in G (hereinafter “instant school”); (b) the designated person I, who was under physical education classes at the G G (hereinafter “instant school”); and (c) thereby, the designated person I suffered an injury on the left side and right edge.

From May 27, 2013, the Appointor I, the Plaintiff, and the Appointor J disbursed the total of KRW 3,308,014, nursing expenses, KRW 5,460,00, and KRW 1,170,000 for transportation expenses, respectively, from May 27, 2013. Also, due to the above tort committed by Defendant B, the Plaintiff and the Appointor suffered serious mental distress.

Therefore, Defendant C and Defendant D are liable to compensate for property and mental damage suffered by the Plaintiff and the designated parties due to the above tort committed against the designated parties I, who are minor Defendant B and Defendant B, who are a child (or, where Defendant B is not responsible, the liability under Article 755(1) of the Civil Act).

In addition, Defendant Jeonnam-do was obligated to establish and operate the instant school and to protect and supervise the instant students, but it was negligent in supervising the Defendant B, which is a student, and thus, Defendant Jeonnam-do sustained the same injury as seen earlier, and thus, Defendant Jeonnam-do is liable for damages to the Plaintiff and the designated parties under Article 2(1) of the State Compensation Act.

Comprehensively taking account of all the above, the Plaintiff and the designated parties are obliged to compensate the Plaintiff and the designated parties for property damages, such as the statement of claims, among the damages suffered by the Plaintiff and the designated parties, and to compensate for mental suffering suffered by the Plaintiff and the designated parties in money.

2. Determination

A. At around 10:00 on May 27, 2013, the designated parties I, with respect to the claims against Defendant B, Defendant C, and Defendant D, exceeded the course of sports classes in the instant school curriculum.

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