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(영문) 서울중앙지방법원 2015.12.23 2013가단5152983
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Defendant D, G, J, M, P, S, and V (hereinafter “Defendant students”) were students attending the same school year in 201, Y middle school year in 201 and 3 years in 2012.

(Defendant J transferred to the second grade of each of the above schools as of May 2, 2011, and Defendant S transferred to the second grade of each of the above schools as of October 2, 2011.

Defendant E and F’s parents, Defendant H and I’s parents, Defendant K, and L’s parents, Defendant N &O’s parents, Defendant N andO’s parents, Defendant Q and R’s parents, Defendant Q and U are the parents, Defendant T and U’s parents, Defendant W, and X’s parents.

【Ground of recognition】In the absence of dispute, inquiry of the fact on February 11, 2014 about the Y Middle School President, and the purport of the entire pleadings

2. The grounds for the plaintiff's claim are as shown in the annexed sheet.

(1) The Plaintiff asserts that the Defendant student’s collective harassment and the Defendants’ failure to perform their supervisory responsibilities are illegal and seek different amounts against the Defendants. Whether or not the Plaintiff asserts independent tort by the Defendants is not clear, but the Plaintiff asserts “collective harassment” and thus, it appears that all the Defendants are held liable for joint tort).3.

A. The main issue of the instant case is whether Defendant students continuously engaged in “collective harassment” since 2011, and the evidence submitted by the Plaintiff on the following grounds is insufficient to recognize it.

B. A notice of notice No. 1-1 and No. 5-1 through No. 6 is written by the Plaintiff’s agent. This contains the Plaintiff’s mother’s assertion, and it is difficult to recognize that the Defendant student caused collective harassment to the Plaintiff.

C. No. 1-2 of the evidence No. 1-2 prepared by Defendant M was posted on the same U.S. website by the same Defendant, and it is difficult to recognize the said content as intimidation against the Plaintiff.

Gap evidence 2, Gap evidence 1 to 5, and Gap evidence 4, at the request of the plaintiff's agent, shall answer the YII Z.

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