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(영문) 의정부지방법원 2014.10.17 2014나5266
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants shall pay to each of the Plaintiff KRW 5,983,920, as well as to this.

Reasons

1. Occurrence of liability for damages;

A. (i) The Plaintiff and Defendant C were enrolled in the second and seventh grade of G Middle School located in Namyang-si, Namyang-si, as of 2011.

B. On April 13, 201, 201, Defendant F, as Gmiddle School Sports Teachers, conducted sports classes for the students of the second and fourth grade 7 classes, including the Plaintiff and Defendant C. Of them, the 10 students were conducting the clibal performance evaluation test, and the said tests and supervision were conducted, and the students who completed the said performance evaluation were instructed to conduct flob disc practice.

Article 22(1) of the Civil Act provides that the Plaintiff and Defendant C engaged in flob disc practice. During that process, Defendant C seems to be aware of the Plaintiff’s flobane disc, and Defendant C her face from approximately 1.5m away from the Plaintiff’s face to the Plaintiff’s face, and Defendant C suffered an inspection, etc. on the eye in compliance with the Plaintiff’s left eye.

(hereinafter referred to as “instant accident”) . Defendant C was sent to the District Court 2012 Ma819 juvenile protection case due to the instant accident and was subject to a disposition under Article 32(1)1 and 2 of the Juvenile Act (Article 32(1)1 of the Juvenile Act (Article 32(1)1 and 2 of the Juvenile Act (Article 32(1)); Defendant C was entrusted with custody to a person who is able to protect

(v) Defendant Gyeonggi-do is a local government that establishes and operates a G middle school.

[Ground of Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 4-9, Eul evidence 2-6, Eul evidence 1-2, Eul evidence 1-2, Eul evidence 1-4, Eul evidence 2-1-3, Eul evidence 2-1-3, Eul evidence 3-1-4, and the purport of the whole pleadings

B. According to the above facts of recognition as to Defendant C’s liability for damages, Defendant C sustained injury to the Plaintiff due to the instant accident, which constitutes tort against the Plaintiff. Defendant C was a second grade student at the time of the instant accident and was capable of sufficiently changing his responsibility for his own act, and thus, the Plaintiff suffered damages due to the instant accident.

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