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1. The Defendants jointly and severally against Plaintiff A, KRW 30,00,00, and KRW 5,000,000 and each of the said amounts.
Reasons
1. Basic facts
A. Plaintiff A is a student who was enrolled in the first grade of E High School in the Gu-U.S. Si at the time of 2016, and Plaintiff B and C are the parents of Plaintiff A.
Defendant D is a public official who is in charge of the science subjects in the above schools and has served as the head of the school affairs, and Defendant Gyeong-do is a local government that establishes and operates the above school.
나. 피고 D은 2016. 9. 8.부터 2016. 10. 13.까지 사이에 위 학교 과학준비실 등에서 원고 A의 음부 안에 손가락을 집어넣는 등 2회에 걸쳐 위력으로써 유사성행위를 하였고, 젖꼭지를 잡아 돌리는 등 2회에 걸쳐 위력으로써 추행을 하였다.
As a result, Defendant D was indicted for committing a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse and was sentenced to a conviction of six years of imprisonment, and the above judgment became final and conclusive.
(Seoul District Court Decision 2016Gohap152, Daegu High Court Decision 2017No215). 【Grounds for Recognition】 The fact that there has been no dispute, each entry in Gap 1 through 9 (including serial serial number) and the purport of the whole pleadings.
2. Occurrence of liability for damages;
A. According to the above facts of recognition as to the establishment of tort liability of Defendant D, Defendant D is liable for damages suffered by Plaintiff A, Plaintiff B, and C, their parents due to the similarity of acts against Plaintiff A.
B. Whether the tort liability against Defendant Gyeong-do was established or not (1) The Plaintiffs asserted that Defendant Gyeong-do was jointly and severally liable for damages suffered by the Plaintiffs with Defendant D, who is the local government that established and operates the above school.
In this regard, the defendant Gyeong-do did not correspond to the education affairs of teachers, and the defendant Gyeong-do did not pay considerable attention to the appointment and supervision of the affairs of the defendant D by providing education for the prevention of sexual assault.
(2) The similarity of Defendant D, etc. with lives and Defendant D.