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(영문) 서울중앙지방법원 2015.06.26 2013가합537074

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On August 22, 1910, Japan, which suffered from exposure to the exposure of the plaintiffs' primary exposure, concluded the Korea-Japan merger treaty with the Korean Empire on August 22, 1910, and controlled the Korean Peninsula through the Korean War General.

Japan gradually entered the exhibition system by causing the Man-Japanese War in 1931 and the Japanese War in 1937, and caused the Pacific War in December 8, 1941.

The Plaintiffs, on August 6, 1945, shall be Romema or the same year.

8.9.Accomprisonomic damage caused by balkomic balkombs.

B. On August 15, 1945, Japan declared the Pacific War to the United States and other Union nations including the United States on August 15, 1945. On September 8, 1951, the United Nations and Japan concluded the United Nations Peace Treaty to resolve the issues of compensation before and after the United States sandcco. (2) Article 4 (a) of the Treaty provides that "the claims of Japan and their citizens located in the areas provided for in Article 2 of the Treaty including the Republic of Korea and claims against the governing authorities of the said areas and their citizens, and the claims of Japan and their citizens located in Japan shall be governed by special agreements between Japan and their governing authorities."

C. 1) The military administration of the United States of America and Japan, which had entered into the Agreement on Claims between the Republic of Korea and Japan after the date of the release, had the Japanese property of the Republic of Korea, which was returned to Korea on December 6, 1945 under the military administration law No. 33 of the Republic of Korea promulgated on December 6, 1945, and reverted to the United States Armed Forces. Such Japanese property was transferred to the Republic of Korea for the first agreement on finance and property between the Republic of Korea and the United States of America, which entered into force on September 20, 1948, following the establishment of the Government of the Republic of Korea. 2) In accordance with the purport of Article 4(a) of the Convention, the Republic of Korea and the Republic of Korea citizens, Japan and Japan.