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(영문) 부산지방법원 2016.06.28 2015가단241347
손해배상(기)
Text

1. The Defendants jointly do so to the Plaintiff KRW 8,00,000, and KRW 1,000,000 for each of them to the Plaintiff B and C, and each of them.

Reasons

1. Basic facts

A. The plaintiff A is currently suffering from the brain 1st degree disability that cannot be performed independently due to cerebral mathy that is currently a second grade student of a middle school.

T, Defendant F, U, H, and I’s children, Defendant J, and K’s children, W, Defendant L, X-, Defendant N, N, andO’s children, Y, Defendant P, and Q’s children, Z, Defendant R, Defendant R, and S’s children from the time when the Plaintiff and the elementary school were known and located in the Republic of Korea, and the Busan AB middle school established by Defendant Busan Metropolitan City was located in the Republic of Korea in 2015.

B. On September 3, 2015, Y: (a) marked an apartment access card (Plast) with knick ginseng knife at the time between the first and seventh classes of AB middle school 5, 2015; and (b) cut off the Plaintiff A’s title, arms, etc., who was sitting in the wheelchairs with the wheel angle.

위 교실에 놀러 온 1학년 3반인 T도 손가락과 학생증으로 원고 A의 성기를 수회 누르고 찔렀고, 원고 A이 하지 말라고 몸부림 쳤지만 옆에 있던 U은 필기구인 샤프로 원고의 A의 성기 위를 꾹 눌렀다.

C. W continued to have been flicked by the Plaintiff’s head, V, X, Y, Z, and AA, in terms of the entry card structure, the Plaintiff’s head, title, arms, arms, tabbs, bucks, etc.

In the above case, the above eight aggressor students were entrusted by the Busan Family Court to the guardian during the protective disposition.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 12 (including each number), the purport of the whole pleadings

2. Determination

A. Since the aggressor students who committed the above acts against Plaintiff A were more than 12 years old at the time, they could be held accountable for their acts. Therefore, in order to recognize the tort liability of the Defendants (excluding Defendant Busan Metropolitan City; hereinafter “Defendant parents”), who are the parents of the above aggressor students, there should be proximate causal link between the Defendant parents’ duty to protect and supervise the Defendant’s parents and the perpetrator’s bullying.

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