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(영문) 수원지방법원 2018.09.14 2016가단801678
손해배상(기)
Text

1.(a)

Plaintiff

A, the defendant Gyeonggi-do shall be 8,782,175 won, and the defendant DD Mutual-Aid Association shall be jointly and severally with the defendant Gyeonggi-do.

Reasons

1. Basic facts

A. The plaintiff A is a student of the E-school in Kunpo-si.

The plaintiff B and C are the parents of the plaintiff, and the defendant Gyeonggi-do is a local government that establishes and operates the E school, and the defendant DD Mutual Aid Association (hereinafter "the defendant DD Mutual Aid Association") is a corporation established with the purpose of contributing to the protection of the school and the creation of a stable educational atmosphere by preventing school safety accidents pursuant to Article 15 of the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter "School Safety Act") and compensating for damages suffered by students, teachers, staff, and participants in educational activities promptly and appropriately.

B. On September 1, 2016, Plaintiff A was playing in the vicinity of the E School Inquiry Team (hereinafter “instant Inquiry Team”) at the point of time on September 1, 2016, and Plaintiff A suffered from the collapse of the instant retic structure of the said reticulate, such as the diverse frame, etc.

(hereinafter referred to as “instant accident”). C.

On the other hand, the defendant Gyeonggi-do entered into a concession agreement with the non-party F Co., Ltd. (hereinafter "non-party F Co., Ltd.") to entrust the maintenance and management of the E-school facilities, and the non-party Co., Ltd. was in charge of the maintenance and management of the E-school facilities according to the above concession agreement. He Co., Ltd., the insurance company of the non-party Co., Ltd., paid 2.5 million won insurance money to the plaintiffs regarding the instant accident.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 5 (including branch numbers in the case of additional numbers), Eul evidence 9, the result of CCTV image verification by this court, the purport of the whole pleadings

2. Determination on the plaintiffs' claims against Defendant Gyeonggi-do

A. The defendant Gyeonggi-do is a local government that establishes and operates the E-school in which the inquiry of this case is established, and is liable for damages.

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