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(영문) 서울중앙지방법원 2014.07.04 2012가단86183
손해배상(기)
Text

1. As to Defendant D, E, and F, each of the Plaintiffs A, KRW 5,964,754, and KRW 1 million and each of the said money to the Plaintiff B, and C.

Reasons

1. Occurrence of liability for damages;

A. The fact of recognition was that Plaintiff A and Defendant D were students attending the second and sixth grade 6 of H high schools located in Dongjak-gu Seoul Metropolitan Government as of February 6, 2012.

Defendant D around 09:18 on February 6, 2012, around 09:18, in the class of the second and second grade class of the above high school, the Plaintiff A was laid down on his book, and the Defendant D tried to remove the Plaintiff’s paper on the upper part of the Plaintiff A.

However, the Plaintiff: (a) committed drinking to Defendant D by misunderstanding that Defendant D intended to take on his own; (b) among these disputes, Plaintiff A was sealed to Defendant D; and (c) Defendant D’s defect in the course of development to Defendant D’s knee, kne, and forced Defendant D to go out of the classroom.

(hereinafter referred to as “instant accident.” The Plaintiff suffered from the right franchisulization of franchisul in need of approximately six weeks of treatment in the course of dispute with Defendant D as above.

Plaintiff

B and C are the parents of Plaintiff A, and Defendant E and F are the parents of Defendant D.

[Grounds for recognition] Gap 2, 4, 17 evidence, Eul 2, the purport of the whole pleadings

B. According to the above facts as to the defendant D's liability for damages, in light of the age and academic level of the students who were in the second-year high school of 17 years and 5 years of age at the time of the accident in this case, the defendant D was capable of changing liability for tort such as the accident in this case, and thus, he is liable for the damages suffered by the plaintiffs due to the accident in this case as the illegal person himself.

C. Even if Defendant E and F’s liability for damages is attributable to the minor, and if there is a proximate causal relation with the minor’s breach of duty by the supervisor, the supervisor is liable for damages as a general tort.

Defendant D is not yet mature due to emotional and physical maturity, so it is highly likely to conflict with friendships in school life, etc.

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