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(영문) 광주지방법원 2018.09.06 2017나64117
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part concerning the plaintiffs' claims against the defendants is modified as follows.

The defendants are the defendants.

Reasons

1. Facts of recognition;

A. Plaintiff B and C are the parents of Plaintiff A, Defendant D and E are the parents of Defendant D and G, and Plaintiff A and G were enrolled in the third grade of H middle school as of December 16, 2014.

나. G은 2014. 12. 16. 광주 H중학교 구내식당앞에 점심을 먹기 위해 줄을 서서 기다리던 중 원고 A으로부터 “짱깨 새끼 미쳤냐, 나와”라는 말을 듣게 되었다.

G returned to the classroom after completion of meals and demanded the plaintiff A to be subject to apology on the above speech, and the plaintiff A was punished for franc. When the plaintiff A's vegetable boom, the plaintiff A's vegetable vegetable vegetable, the plaintiff's vegetable vegetable, and the head was two times due to drinking.

(hereinafter “instant assault”). C.

Plaintiff

A due to the instant assault, A was affected by the embelle of the bones, on the right and math of the malithal malith, and the malithal malith of the malithal malith, and was hospitalized in A Hospital for 13 days from December 16, 2014 to December 29, 201.

Plaintiff

B On October 2, 2015, the plaintiff A's legal representative filed a complaint against G as the complainant, and sent it to juvenile protection cases.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 8, 9, Eul evidence 3 (including, if any, a serial number; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above fact of recognition of liability for damages, G’s assault against Plaintiff A constitutes tort.

On the other hand, if there is a proximate causal relation with the violation of duty by the supervisor, even if a minor commits an illegal act on his/her own due to the ability to assume responsibility, the supervisor shall be liable as a general tortfeasor.

(see, e.g., Supreme Court Decision 93Da60588, Aug. 23, 1994). G was a minor of 14 years of age at the time of the instant assault and was under protection and supervision with emotional and economic dependence on, and with respect to, the said minor’s parent, and around October 2012, G was under the emotional and economic dependence on, the said minor’s parent, and committed an act of aiding the Plaintiff’s head in his arms.

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