logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.11.17 2016가단7116
손해배상(기)
Text

1. Defendant D and E jointly share KRW 17,00,000 for Plaintiff A, and KRW 2,251,514 for Plaintiff C, and KRW 2,00,000 for Plaintiff B.

Reasons

1. Facts of recognition;

A. Plaintiff B and C are the parents of Plaintiff A, Defendant D and E are the parents of Defendant D and G, and Plaintiff A and G were in attendance at the third grade of H middle school as of December 16, 2014. Defendant F was a teacher in attendance at Plaintiff A and G.

나. G은 2014. 12. 16. 광주 H중학교 구내식당앞에 점심을 먹기 위해 줄을 서서 기다리던 중 원고 A으로부터 “짱깨 새끼 미쳤냐, 나와”라는 말을 듣게 되었다.

G returned to the classroom after completion of meals and demanded the plaintiff A to be subject to apology on the above speech, and the plaintiff A was punished for franc. When the plaintiff A's vegetable boom, the plaintiff A's vegetable vegetable vegetable, the plaintiff's vegetable vegetable, and the head was two times due to drinking.

(hereinafter “instant assault”). C.

Plaintiff

A due to the instant assault, A was affected by the embelle of the bones, on the right and math of the malithal malith, and the malithal malith of the malithal malith, and was hospitalized in A Hospital for 13 days from December 16, 2014 to December 29, 201.

Plaintiff

B On October 2, 2015, the plaintiff A's legal representative filed a complaint against G as the complainant, and sent it to juvenile protection cases.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 8, 9, Eul evidence No. 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts finding as to whether Defendant D and E’s liability for damages occurred, G’s instant assault against Plaintiff A constitutes a tort.

On the other hand, if there is a proximate causal relation with the violation of duty by the supervisor, even if a minor commits an illegal act on his/her own due to the ability to assume responsibility, the supervisor shall be liable as a general tortfeasor.

(see, e.g., Supreme Court Decision 93Da60588, Aug. 23, 1994). G is a minor of 14 years of age at the time of the instant assault and depends on Defendant D and E, their parents, emotional and economic terms.

arrow