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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2015.01.20 2013가단5165651
채무부존재확인
Text

1. The plaintiffs' damages liability against the defendant in relation to the accidents listed in the separate sheet does not exist.

Reasons

1. Facts of recognition;

A. The plaintiff A is the principal of the G middle school in Dongjak-gu Seoul Metropolitan Government, the plaintiff B is the principal of the G middle school in the first and second grade of the G middle school, and H and the defendant are the first and second grade students of the G middle school.

B. On August 23, 2013, H caused an accident in the attached Form No. 14 and No. 20, which damaged the Defendant’s 4 as soon as possible in the first and second classes of 14:20, the time to rest after the end of the sports hours at school. (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 1 through 9, fact inquiry results by this court, purport of the whole pleadings

2. Determination

A. The principal of a school or a teacher has the duty to protect and supervise students, but such duty to protect and supervise students is not a duty to supervise students on behalf of a legal supervisor, such as a person with parental authority, and it does not affect all the students' living relationship in the school, but is limited to living relationship closely indivisible and indivisible. Even in the case of living relationship within the scope of such duty, the principal of a school or the teacher shall be liable for the violation of the duty to protect and supervise the students, only when the accident is anticipated or foreseeable to normally occur in school life in light of the place, the offender's ability to distinguish, the character and conduct of the perpetrator, the relationship between the perpetrator and the victim, and other various circumstances.

B. (See, e.g., Supreme Court Decision 96Da4433, Jun. 13, 1997).

As to the instant case, the following circumstances acknowledged by the Health Team, the above facts acknowledged, and the evidence revealed earlier, namely, ① the instant accident occurred in a classroom in which there is no Plaintiffs at the time of the closure of sports hours, ② H was determined somewhat in the juvenile emotional and behavioral characteristics test conducted on March 14, 2013 in the juvenile emotional and behavioral characteristics test conducted on March 14, 201, and found the signs of violent damage from the perspective of emotional and behavioral behavior.

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