2014Na33400 Damages

A

School Foundation The Korea Institute of Education

Changwon District Court Decision 2014Da3125 decided September 26, 2014

March 26, 2015

April 30, 2015

1. The part of the judgment of the court of first instance against the Plaintiff corresponding to the amount ordered to be paid below shall be revoked. 2. The Defendant shall pay to the Plaintiff 2,00,000 won and 5% per annum from March 17, 2014 to April 30, 2015, and 20% per annum from the next day to the date of full payment.

3. The plaintiff's remaining appeal is dismissed.

4. Of the total litigation costs, 2/3 shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

5. Paragraph 2 can be provisionally executed.

1. Purport of claim

The defendant shall pay to the plaintiff 15 million won with 20% interest per annum from the service date of the copy of the complaint of this case to the day of complete payment.

2. Purport of appeal

Of the judgment of the court of first instance, the part against the plaintiff shall be revoked. The defendant shall pay to the plaintiff 12,00,000 won with 20% interest per annum from the date of delivery of a copy of the complaint of this case to the date of complete payment.

1. Quotation of judgment of the first instance;

The reasoning for the court's explanation on this case is that "the result of on-site inspection by the court of first instance" is "the result of on-site inspection by the court of first instance", "the result of on-site inspection by the court of first instance", and the 7th and 14th of the 12th of the 14th of the 14th of the 12th of the 14th of the 14th of the 14th of

2. Parts to be dried;

Therefore, it is clear in light of the empirical rule that the defendant committed a violation of the Act on the Prohibition of Discrimination against Persons with Disabilities, such as the Non-Installation of Elevators in the Instigious House, and the plaintiff suffered physical inconvenience and mental pain. Therefore, the defendant is obligated to pay consolation money in monetary for mental harm suffered by the plaintiff. Thus, in calculating the amount, even though the defendant was sentenced to the payment of consolation money of KRW 3 million for damages on the ground that the elevator was not installed for physically disabled students at around 2007, the defendant still did not install an elevator on the ground of budgetary circumstances, even though he was aware that there was insufficient convenience facilities of the disabled, the defendant was admitted to the school operated by the defendant with knowledge of the fact that the defendant did not install an elevator on the ground that he did not install an elevator for the reason that he did not install an elevator, and the defendant also seems to have paid a certain degree of effort to the extent permitted by the budget of the defendant and all other circumstances shown in the records of this case.

3. Conclusion

Therefore, as to the plaintiff's KRW 5 million and the part cited in the judgment of the court of first instance, 3 million won, which is the part cited by the plaintiff, from March 17, 2014, which is the delivery date of a copy of complaint of this case sought by the plaintiff, to September 26, 2014, which is the date of the judgment of the court of first instance, the defendant's complaint of this case until September 26, 2014, and 5% per annum as stipulated in the Civil Act, and 20 million won per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of complete payment, as to the remaining part of the court of first instance, which orders additional payment at the court of first instance, the defendant's appeal is dismissed, since it does not dispute about the existence and scope of the defendant's obligation to pay for the above KRW 5 million, which is the date of the judgment of the court of first instance, and the remaining part of the judgment of first instance as to the plaintiff's remainder of this case's damages are dismissed.

The presiding judge, judge and second judge

Judges Cho Jong-soo

Judges Kim Gin-young