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(영문) 부산지방법원 2017.12.22 2016가단342803
손해배상(기)
Text

1. The Defendants jointly share 8,360,600 won to Plaintiff C, 3,374,100 won to Plaintiff B, and 2,50,000 won to Plaintiff A, and the Plaintiff.

Reasons

1. Basic facts

A. From March 2015 to October 10, 2015, Defendant F related to the party is a child care staff member who directed and supervised children as a “H kindergarten” teacher located in Suwon-gu, Busan. Defendant E is the operator of the above H kindergarten, Plaintiff A is the parent of Plaintiff C and D, and Plaintiff D is the mother of Plaintiff C.

B. Defendant F’s “Violation of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes” 1) around September 12, 2015, Defendant F: (a) committed mental abuse by neglecting Plaintiff F (hereinafter “H kindergarten”) on the ground that Plaintiff F did not time a meal, such as drinking, compared to other children, at the conference room of “H kindergarten” on September 23, 2015, on the ground that Plaintiff F did not late drinking, and caused Plaintiff F’s mental harm to Defendant F’s body as a child abuse or harm physical health and development; and (b) committed serious stress response to Plaintiff F’s mental disorder and stress. From that time to October 7, 2015, Defendant F took place nine times in total, as indicated in the list of crimes attached hereto, with Defendant F’s mental disorder and stress response to Plaintiff F. 2).

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 2-1, 2-2, Gap evidence 7-1 and 7-2, the purport of the whole pleadings

2. Determination

A. 1) According to the fact that Defendant F’s liability for damages was recognized, Defendant F is liable for the damages suffered by the Plaintiffs due to the above tort. 2) According to the fact that Defendant E’s liability for damages was recognized as the basis of the above tort, Defendant E is jointly with Defendant F, barring special circumstances as Defendant F’s employer.

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