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(영문) 서울북부지방법원 2017.09.19 2016가단148828
손해배상(기)
Text

1. The Defendant’s KRW 3 million and the Plaintiff’s 5% per annum from December 9, 2016 to September 19, 2017.

Reasons

1. Basic facts

A. The plaintiff was a student attending the fifth grade of elementary school, and the defendant was a student who was a student at the time of the plaintiff's first grade of elementary school E.

B. On January 2012, the Defendant: (a) among the class 3 classes in the first grade class class class class class class of the E Elementary School, the Plaintiff was unable to enter the class more easily than other friendships; (b) left the religious order; and (c) brought the Plaintiff, etc. to the hands-on floor; and (d) around 12:00 on November 201, 201, at the fourth grade class of the said class, the Defendant stated that “I and the Plaintiff “I would have to keep separate books, so I would have to go away from one another; and (c) caused the Plaintiff to face one another once.”

(hereinafter “instant harmful act”). C.

On March 2017, the Defendant received a summary order of KRW 3 million due to the instant harmful act due to the crime of violating the Child Welfare Act (child abuse).

On the other hand, on June 2015, the Plaintiff was diagnosed as an excessive behavioral disorder (ADD).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 8, Eul evidence No. 15, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant committed mental and physical abuse and neglected assault against the plaintiff as alleged in attached Form 17 subparagraph 5 of the Child Welfare Act, and committed the harmful act in this case. This constitutes " emotional abuse that may harm the mental health and development of the child," and "the act of physical abuse that may harm the child's body or harm the physical health and development" under subparagraph 3 of Article 17 subparagraph 5 of the Child Welfare Act.

As a result, the plaintiff was suffering from mental pain over several years and was diagnosed as an excessive behavioral disorder (ADD).

Therefore, the defendant is obligated to pay to the plaintiff the consolation money equivalent to KRW 21 million with compensation for damages caused thereby.

3. Determination

A. First, the Plaintiff’s assertion of child abuse as to the occurrence of liability for damages.

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