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(영문) 창원지방법원통영지원 2017.11.23 2015가단3814
손해배상(기)
Text

1. The Defendants jointly share KRW 10,00,000 to the Plaintiff A, KRW 16,067,324 to the Plaintiff B, and KRW 3,00,000 to the Plaintiff C, and the above amount.

Reasons

1. Facts of recognition;

A. Plaintiff A and Defendant D related to the parties were enrolled in the second grade of G middle school in March 2014.

Plaintiff

B and C are the parents of Plaintiff A, and Defendant E and F are the parents of Defendant D, and Defendant E and F designated Defendant E as the exercise of parental authority on August 31, 2002, when the agreement was married on August 31, 2002.

B. Defendant D, as indicated in the grounds for the claim, has been assaulted and bullyinged against Plaintiff A from time to time, and due to the assault around April 10, 2014, Defendant D entered “a frame and closure of the structural part of the upper half of the upper and the upper half of the upper and the upper half of the upper and the upper half of the body that require approximately three weeks medical treatment.”

As a result, Plaintiff A was treated by hospital, but was unable to be locked at night, and was diagnosed as “the emotional shock and stress condition of the habitual disorder,” and was diagnosed as “the emotional shock and stress condition of the habitual disorder.”

[Reasons for Recognition] Unsatisfy, entry of Gap 1 to 22, the purport of the whole pleadings

2. According to the fact of recognition of Paragraph (1) of the occurrence of liability for damages, Defendant D continues to assault Plaintiff A and bullying constitutes a tort under the Civil Act, and Defendant D’s age is 14 years old at the time of an accident, and even if Defendant D was a minor, it is reasonable to deem that Defendant D had an intelligent and so-called ability to assume responsibility for his own act. Accordingly, Defendant D is liable for damages arising therefrom.

In addition, even if a minor is held liable for tort due to his/her ability, if there is a proximate causal relation with the minor's breach of duty by the supervisor, the supervisor shall also be liable for damages as a general tortfeasor. Defendant E and F, the parent of Defendant D, have a duty of care to educate and supervise the minor child so that he/she does not avoid illegal acts, such as assaulting other students while living in school.

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