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(영문) 창원지방법원 2019.09.20 2018나58162
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a special public corporation established pursuant to the National Health Insurance Act and that conducts the health insurance business, and B and C are the students of the kindergarten that was established and operated by Defendant Gyeongnam-do at the time of the instant accident as seen below, and F is the father of B, and the Defendant A is the father of C.

B. On December 15, 2015, B (GG students) suffered injury, such as the escape from internal structure and the injury in external margin, by having the right eye on the front of C while playing free play under the direction of H, in the classes of the instant kindergarten Bolarba in this case.

(hereinafter referred to as “instant accident”). C.

B due to the instant accident, from December 15, 2015 to November 28, 2016, B received medical examination and treatment and prescription at I’s Council members and ordinary hospitals, etc. The total medical expenses incurred therefrom were KRW 4,143,180 (Plaintiff’s charges of KRW 2,906,270).

From January 21, 2016 to February 16, 2017, the Plaintiff paid KRW 2,906,270 of the Plaintiff’s share of KRW 4,143,180 for the total medical expenses incurred from the instant accident to KRW 14,143,180 for I’s Council members, and the ordinary hospital, etc.

Meanwhile, Defendant A asserted that the Plaintiff’s medical treatment and hospitalization at an ordinary hospital on February 11, 2016, the Plaintiff’s KRW 468,250 based on the Plaintiff’s medical treatment and hospitalization at the ordinary hospital on April 19, 2016 was not caused by the instant accident. However, in full view of the overall purport of the entries and arguments in the evidence Nos. 3 and 4, the above medical treatment and hospitalization were caused by the instant accident, and thus, Defendant A’s above assertion is without merit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. In determining the Defendants’ liability for damages against Defendant 1, the principal of a kindergarten or a school established and operated by Defendant 1, Young-do local government, and the principal of a school or a teacher is obligated to protect and supervise students. Such duty to protect and supervise students under the Framework Act on Education.

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