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(영문) 서울중앙지방법원 2014.02.11 2013가합525552
손해배상(기)
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The plaintiff is the wife of the Appointer H, and the Appointer I and the J are the children of the Appointer H.

B. The Appointer H, an educational institution annexed to the Defendant School Foundation B (hereinafter “Defendant School”) in 1974, has been employed as an employee of the said K on March 15, 1977 and worked in K-affiliated L farm, M farm, etc.

On March 2, 1989, an order was issued in the salary class 8 of the general staff of the management department and the general staff of the Defendant school.

On the other hand, Defendant C was appointed as the president of the above K around August 1980 and was in office until 1988.

C. On October 6, 1993, the Appointor filed a lawsuit against the Defendant School seeking confirmation of invalidity of the previous order on March 2, 1989, Seoul Western District Court 93Kahap1425, which was against the first instance court. The appeal was dismissed (Seoul High Court 95Na30583), and the final appeal was dismissed (Supreme Court 96Da22839), and Defendant D was the presiding judge of the above appellate court.

Since then, on September 16, 1997, the Appointers asserted that cerebrovascular was caused due to an accident falling from the stairs installed in the physical point in the library while working at the central library of the Defendant School, and rejected the application on December 15, 1997, on the ground that the application for medical care was not an occupational accident.

On February 26, 2001, the Plaintiff and the designated parties asserted that H suffered from various diseases due to the defect in the management of the facilities of the Defendant’s school or the unfair issuance thereof, and they lost the first instance court even though they filed a lawsuit against the Defendant’s school seeking damages by the Seoul Western District Court 2001Kahap1409, which was rejected by the first instance court (Seoul High Court 2003Na24743), but the appeal was dismissed (Seoul High Court 2003Na24743), and the final appeal was dismissed by the lower court (Supreme Court 2005Da19385), Defendant E, F, and G).

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