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(영문) 서울고등법원 2017.04.26 2016나2088606

손해배상(기)

Text

1. Of the judgment of the court of first instance, a claim that was added, reduced or expanded in the trial and incidental appeal shall be included.

Reasons

1. The judgment of remanding the scope of the judgment of this court is reversed in the judgment before remanding, the part of the judgment of this court against plaintiffs DJ, DK, DL, DM, DM, DM, DPE, DP, DP, Q, DTR, DTR, DTS, DU, DW, DX, DY, DY, DY, EB (ND) EC, ECE, ECE, ECE, EF, EF, EPE (NE), EL, EL, EPE, EPE, EPE, EP, EP, EP, EP, EP, Q, Q, and ER, and all of the appeals by the plaintiffs and the defendant. Thus, the judgment of this court is reversed, and the remaining appeals by the court before remanding the judgment of this court except the above plaintiffs and the appeals by the plaintiffs are all dismissed. Thus, the judgment of this court is remanded.

2. Facts of recognition;

A. From October 1950 to March 1951, 1951, the 111th armed forces of the 11st armed forces of the 11st armed forces of the 11st armed forces and the 2nd armed forces of the 11st armed forces of the 11st armed forces were killed by at least 290 residents suspected of being called ' prompt mountain' or 'companion' in the course of water uniform operations and prompt mountain operations.

B. The Committee on the Settlement of History established pursuant to the Framework Act on the Settlement of History for the Truth and Reconciliation of the Decision of the Committee on the Settlement of History for the Settlement of Truth (hereinafter “the Framework Act on the Settlement of History”) received an application to verify the truth of the persons involved in the instant case, and conducted a truth-finding investigation on March 16, 2009, and conducted a truth-finding investigation on the said case, including GN, GO, GP, GP, GP, GR (GS), GT, GU (The wife of the GUT), GV, and GV as the victims of the 11st group of the 11st group of the case south.

C. The plaintiffs are the bereaved family members of the above victims, and their kinships are as stated in the attached inheritance relationship and the calculation of consolation money claims and in the attached inheritance drawings.

【Ground of recognition】 The facts without dispute, entries in Gap evidence 2 and 4 (including the case of additional number; hereinafter the same shall apply) and the purport of whole pleadings

3. The parties' assertion

A. The defendant illegally committed against the deceased.