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(영문) 창원지방법원 2016.02.16 2015가단78416
손해배상(기)
Text

1. The Defendants jointly share KRW 25,00,000 to Plaintiff A, and KRW 5,00,000 to Plaintiff B, and each of them on April 15, 2015.

Reasons

1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 through 14:

(1) Plaintiff A was in attendance at the third grade of the E elementary school at the time of the instant tort, as seen below, and Plaintiff B was the sole person of parental authority as the mother of Plaintiff A. 2) F was in attendance at the fourth grade of the E elementary school at the time of the instant tort as seen below. The Defendants were parents of the said F.

B. At the time of the closure of the Plaintiff’s school in 2014, F of the tort of this case: (a) took the Plaintiff out of the Plaintiff’s bar after a container without any permission; and (b) took off the Plaintiff’s bar from his house and forced the said Plaintiff from his house, thereby forced the Plaintiff to go off the Plaintiff’s bar from the ward; (c) putting his sexual organ into his plastic organ into a vinyl paper; (d) made the said Plaintiff prompt, putting the Defendant into a plastic paper; and (e) made the said Plaintiff rape and force the said Plaintiff by force on several occasions.

C. On April 15, 2015, the head of the circumstantial E elementary school following the instant tort was aware of the instant tort and was subject to measures, such as written apology, special education completion, transfer, etc., against F.

2. Determination

A. In a case where a minor, who has a responsibility to compensate for damages, is held liable for damages if there is a proximate causal relation with his/her breach of duty by the supervisor of the relevant minor (see, e.g., Supreme Court Decision 93Da13605, Feb. 8, 1994). According to the above facts, although the F has the capacity to compensate as the fourth-year student at the time of the tort in this case, he/she is under the protection and supervision of a minor who is a parent of F, the Defendants, who are the parents of F, are physically growing.

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