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(영문) 인천지방법원부천지원 2016.05.25 2015가단110708
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant E is the director who operates a kindergarten (G kindergarten located in the G kindergarten in the G of the G of the G G in the G of the G G of the G G, and Defendant D is the above teacher of the kindergarten.

B. Plaintiff A is a female child (H) who was in the instant kindergarten, and Plaintiff B is his father, and Plaintiff C is his mother.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The parties' assertion

A. Although Defendant D’s assertion as to the Plaintiffs was an infant care teacher at around 2015 and was obligated to care for the Plaintiff A, the Plaintiff, who was the Plaintiff’s birth, was committed a tort, such as using violence to the Plaintiff or impliedly committing sexual harassment by another child. Defendant E was not negligent in supervising and supervising Defendant D as the employer of Defendant D, thereby preventing such unlawful act.

Therefore, the Defendants are jointly and severally liable to compensate the Plaintiffs for damages caused by the Plaintiffs’ emotional distress.

B. Although Defendant D did not abuse the Plaintiff’s assertion by assaulting the Plaintiff, etc., and the Plaintiffs’ assertion was revealed in fact-free through the confirmation of kindergarten closed-circuit television (CCTV), the Plaintiff and C were merely based on the Plaintiff’s statement or attitude that falls short of credibility, thereby unfairly asserting the Defendants’ mistake.

3. According to the statements in Gap evidence Nos. 5- 7 (including branch numbers), it can be acknowledged that while attending the kindergarten of this case, plaintiff A has shown unstable psychological conditions by causing inconvenience to other kindergarten students or infant care teachers, taking care of them into the kindergarten, etc., and that he/she seems to have suffered sexual harassment or assault from other children or child care teachers such as defendant D, etc.

However, various circumstances recognized by the evidence submitted by the Defendants and the purport of the entire pleadings, namely, the Plaintiff A's age, counseling agency, and others.

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