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(영문) 수원지방법원 안산지원 2018.04.27 2016가단55899
손해배상(기)
Text

1. Defendant E, F, H, I, P, Q, K, L, N, andO jointly:

A. Plaintiff A: 4,083,250 won;

B. Plaintiffs B and C respectively 1,000.

Reasons

A consolidated lawsuit and a consolidated lawsuit shall be considered together.

1. Basic facts

A. The Plaintiff A, Defendant D, G, J, M, and Non-Party R are elementary school students who were enrolled in the second half of the second grade of the Si interesting S Elementary School even in 2014.

B. Plaintiff B, Defendant E, and F are Defendant D’s, Defendant H, and Q as Defendant G’s, Defendant P, Defendant K, and Q are Nonparty R’s, Defendant K, Defendant N, Defendant N, and DefendantO as the parents of Defendant M.

[Ground for recognition] Unsatisfy

2. On September 25, 2014, Defendant D, G, J, M, and Non-Party R assaulted the Plaintiff at school, jointly, on the summary of the cause of the claim.

Therefore, Defendant D, G, J, and M are jointly and severally liable to pay Plaintiff A the sum of KRW 15,182,150, 150, and solatium 4,00,000, and KRW 19,182,150, and Defendant E, F, H, I, P, Q, Q, K, L, N, andO are jointly and severally liable to supervise each of the above Defendants, with the amount of KRW 15,192,150 (2017da61297) combined with the claim amount of medical expenses of KRW 24,100 (2016da55899).

A total of KRW 18,192,150 in solatium and KRW 3,000 in solatium and KRW 3,000 in solatium and KRW 3,00,000 in solatium, respectively.

3. Determination

A. 1) Whether the existence of the crime of assaulted facts has occurred or not, comprehensively taking account of the overall purport of the pleadings, Defendant D, G, J, M, and Non-Party R (hereinafter “Defendant students”) in the written evidence Nos. 1-4, 12, Eul’s evidence Nos. 1, 2, and Eul’s evidence Nos. 3, 6, and 7

On September 25, 2014, the fact that the Plaintiff was sealed on September 25, 2014, and on October 13, 2014, the Autonomous Committee on Countermeasures against School Violence at the S Elementary School established on September 25, 2014 that the disciplinary action against the Defendant student was decided against the Plaintiff student on September 25, 2014.

As to this, Defendant H, I, P, Q, K, L, N, and P alleged that Defendant G, J, M, and non-party R had been on a very fast spot and did not participate in the act committed in the course of pushing the Plaintiff, but they did not look at the facts of the above disciplinary measure.

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