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(영문) 창원지방법원마산지원 2017.07.05 2014가합1393
손해배상(기)
Text

1.(a)

Defendant D shall pay Plaintiff A KRW 1,075,488,930, and KRW 10,000,000 to Plaintiff B, and KRW 10,00,000 to Plaintiff C, respectively.

Reasons

1. Facts of recognition;

A. Defendant D’s position 1) The head of the child-care center operating the F Child-care Center “F Child-Care Center” in Changwon-si E apartment 102 Dong 105, and the Defendant Child-Care Safety Mutual Aid Association is a special corporation with the aim of business activities related to the prevention of safety accidents in child-care facilities, and entered into a mutual aid agreement for compensation for damages caused by an accident, etc. in the F Child-Care Center with Defendant D (based on the above mutual aid agreement, the amount of compensation shall be limited to 400 million won

2) Plaintiff A is a parent of Plaintiff B and C who used F Child Care Center as a female student, and Plaintiff B and C is the parent of Plaintiff A.

B. Around 14:30 on October 16, 2013, Defendant D had been faced with the head of Plaintiff A’s head on the books which he had her milked at F Child Care Center. As a result, Plaintiff A suffered injury, such as blood species, blood cerebral cerebral cerebral cerebral le, and detailed cerebral cerebral typosis, etc.

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

Defendant D, which became final and conclusive of the relevant criminal judgment, was prosecuted for the crime of injury caused by occupational negligence in relation to the instant accident. On June 10, 2014, Defendant D was convicted of one year of suspended execution in the imprisonment without prison labor for April 10, 2014 (Seoul District Court Masan Branch Branch 2014Kadan126), and the said judgment was finalized on June 18, 2014.

[Judgment of the court below] The ground for recognition is without merit, entry of Gap evidence 1 through 5, and the purport of whole pleadings

2. Occurrence of liability for damages;

A. A infants or infants have little ability to protect their lives or bodies from external danger and therefore are bound to depend exclusively on persons with parental authority. If a person with parental authority entrusts infants or infants to a child care center, the child care center takes charge of the same responsibility, and thus, the head and the infant care teacher of the child care center taking charge of care of infants or infants are obligated to protect and supervise the lives and bodies of infants or infants as equivalent to persons with parental authority.

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