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(영문) 서울남부지방법원 2019.06.18 2018가단238203
공제금 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The principal of the D secondary school is a subscriber to the school safety mutual aid under the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter “School Safety Act”), and the Plaintiff was a student who attended the D secondary school in 2016.

B. On July 14, 2016, the Plaintiff was faced with another student and body in a safe manner at the deaf-gu in a school, where the Plaintiff was coming to a safe manner, and knee-fee-fee-fee-fee-fe-fe-fe-fe-fe-fe-fe-fe

(hereinafter “instant accident.” The Plaintiff was hospitalized in the instant hospital due to the instant accident, and received treatment, such as “Regratty in the front half of the year,” and “Regratty in the front half of the year,” under the diagnosis of “Regratty in the front half of the year,” and “dratty in the front half of the year,” etc.

C. The Plaintiff received medical care benefits under Article 36 of the School Safety Act from the Defendant.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1-1, the purport of the whole pleadings

2. Determination as to the cause of action

A. Article 37 of the School Safety Act provides that the beneficiary who received medical care benefits shall pay disability benefits and consolation money when there is any disability even after the completion of the medical care.

The defendant shall pay the plaintiff a total of KRW 25 million and consolation money of KRW 600,000,000 to the plaintiff.

B. There is no evidence to prove that the Plaintiff suffered disability due to the instant accident.

The result of the court's entrustment of physical examination of E Hospital is that "the plaintiff has no disability due to the accident in this case, and there is no loss of labor ability."

Therefore, the plaintiff's assertion based on the premise that the plaintiff was disabled cannot be accepted.

3. The claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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