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(영문) 서울중앙지방법원 2014.07.25 2012가단141257
손해배상
Text

1. The Defendants amounting to KRW 9,843,820 for each Plaintiff and KRW 5% per annum from June 9, 2009 to July 25, 2014.

Reasons

1. Occurrence of liability for damages;

A. Basic facts (1) The Plaintiff and Defendant D’s children were in the first-year course of G middle school located in Seongdong-gu Seoul Metropolitan Government F at the time of 2009.

(2) On June 9, 2009, the Plaintiff and E had a field practice under the direction of a sports teacher at the time of after-school classes in the above school playgrounds, around 4:00 p.m.

In the situation where H, a guidance teacher at the time, was conducting a water supply map on the side of the 1st Blus, he left a camping boat for the twitting practice by entering twits. The Plaintiff’s cocon part near the masts, which was the price of the Plaintiff’s cocon in the vicinity of the masts, and suffered the Plaintiff’s brupt, etc.

(hereinafter “instant accident”). (3) Defendant D raises E as his father, and Defendant Dong Fire Marine Insurance Co., Ltd. is an insurer who concluded an insurance contract with Defendant D.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 8 (including each number), witness H's testimony, the purport of the whole pleadings

B. Even if Defendant D and Dong Fire & Marine Insurance Co., Ltd. are liable for tort on their own due to a minor’s ability to assume responsibility, if there is a proximate causal relation with the minor’s breach of duty by the supervisor, the supervisor is liable for damages as a general tortfeasor.

According to the above facts, E is liable for tort against the plaintiff on the ground that he had the ability to replace the responsibility for the tort, such as the instant accident, as he was the first-class student of middle school at the time, even though he had to verify whether he was a person in the surrounding area by well examining the post and post-the-job left well, and to practice it by negligence.

E was under the complete protection and supervision of Defendant D while living together with Defendant D in his residence and dependent solely on Defendant D in economic terms, and as Defendant D still has not yet mature E’s emotional and physical aspects.

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