2. Of the judgment of the court of first instance, the part against the defendant ordering payment to the plaintiffs 4, 5 as set forth in the separate sheet Nos. 2 and 4 and 5 shall be revoked, and the above plaintiffs' claims corresponding to the revoked part shall be dismissed

The defendant shall pay to the above plaintiffs each corresponding money in the attached Form 2 and the trial amount column and the corresponding money.

It shall pay 5% interest per annum from April 10, 2013 to May 23, 2014, and 20% interest per annum from the next day to the day of full payment.

3. The part against the plaintiffs listed in the No. 23 to 31 listed in the No. 2 of the judgment of the court of first instance as follows are amended by including the expanded claim.

The defendant shall pay to the above plaintiffs 2. The corresponding amount of money listed in attached Form 2. The defendant shall be 5% interest per annum from March 7, 2014 to May 23, 2014, and 20% interest per annum from the next day to the date of full payment.

4. Attached 2. The appeal by the plaintiffs 1 to 22, 32 through 107, the extended claim by the plaintiffs 6, 7, the defendant 1 to 3, 6 to 22, 32 to 81, 101 to 107, and all remaining appeals by the plaintiffs 4 and 5 are dismissed.

5. The total cost of the lawsuit between the plaintiffs and the defendant 82 to 100 listed in the annexed Form 2 No. 82 to 100 shall be borne by the plaintiffs, 82 to 10, 70% of the total cost of the lawsuit between the plaintiffs and the defendant 4, 5, and 70% of the total cost of the lawsuit between the plaintiffs and the defendant 23 to 31, 25% of the total cost of the lawsuit between the plaintiff and the defendant 23 to 31, the remainder shall be borne by the defendant 6, 7 plaintiffs, 1 to 3, 6 to 22, 32 to 81, 101 to 107, and the cost of the appeal between the plaintiffs and the defendant 6 and 7 shall be borne by the defendant , respectively. Paragraph 3 of the same Article shall be provisionally executed.

A. The defendant shall pay to the plaintiffs 6, 7, 23 through 31 as stated in the separate sheet Nos. 2. 6, 7, 23, and 31, 5% per annum from August 1, 1950 to March 5, 2013, and 20% per annum from the next day to the day of full payment (the plaintiffs in the separate sheet No. 23, 24, 26, and 31 as stated in the separate sheet No. 2. 6, 7, and 25 were reduced, and the plaintiff extended the purport of the claim).

B. The defendant shall pay to the plaintiffs 1 through 5, 8 through 22, 32 through 107 the corresponding amount in attached Form 2 with each corresponding amount in attached Form 2 with 5% per annum from August 1, 1950 to the service date of a copy of the complaint of this case, and 20% per annum from the next day to the day of complete payment.

2. Purport of appeal

The plaintiffs: The part against the plaintiffs in the judgment of the court of first instance that orders payment under the following shall be revoked. The defendant shall pay to the plaintiffs the amount corresponding to each of the amounts in the appeal column in attached Form 2, 5% per annum from August 5, 1950 to the service date of a copy of the complaint in this case, and 20% per annum from the next day to the day of complete payment.

Defendant: The part against Defendant in the judgment of the first instance court is revoked, and all of the plaintiffs' claims corresponding to the above revocation are dismissed.

(a) Cases of the National Reporting Federation of the Taecheon-gun;

(1) Under the Framework Act on the Settlement of Historys for Truth and Reconciliation (hereinafter referred to as the "Act on the Settlement of Historys"), the "Adjustment Committee" (hereinafter referred to as the "Adjustment Committee") has heard the following statements through the investigation of the applicant and the witness in relation to the case of the National Reporting Federation in the privatecheon-gun.

(A) On July 24, 1950, the deceased BDY (192, 1922, mar water) was involved in the Sacheon District, and was killed in the YY, and the body was recovered at the YY. The applicant met B at the Sacheon District. The EB Police Station Park Samcheon-gu, EA Head of EA, the EA head of EB, was sculpted and sculed, and the people who were not in mind, died of 10 members of the Sacheon-gu, the EEC (1926, 1926 residents, and the village residents) died of 10 members of the Sacheon-gu, so that the body was recovered at the Sacheon District Police Station, and the body was recovered at the Sacheon-gu. B. The body was scull.

(B) On July 25, 1950, the deceased C.V. (H(1937) received a notice of convening a temporary site, and went to the Sacheon Power Center. Where the number of reported members in the Sacheon Power Center were to be loaded on the truck, and the police were to look at the news report members on the truck in the Sacheon-gun-gun, Seocheon-gun, Seocheon-gun, the truck was out of the truck due to the truck's breakdown. The applicant's mother, village people EF, and EG sent the body of the victim at the Sacheon-si, the 1931 residents, the village residents, the 1931 residents, the 1937 residents, the 1937 residents, the 2nd anniversary of the death of the residents, the 3th anniversary of the 3th anniversary of the 3th anniversary of the 196th of the 3th of the 3th of the 2nd of the 3th of the 3th of the 3th of the 19th of the Masan Police Station.

(C) The net DY (A. 1946, L. 1946, L.) frequently demanded eN's franite to the house and frequently demanded dys and rice at the house, and the franite was called on July 25, 1950, and the ballast was totaled in mountain. On the following day, the mother of the applicant was called on July 25, 1950. The eP (1936, 1936, e.g., the village residents) made a statement to the purport that "the family was dead from the wall," "the family was dead from the wall," "the family was dead from the wall," "the e.g., the e., the e., the body of the victim."

(D) On July 25, 1950, the NE. A.A. (C. 1949) went into place on the spot by the police on July 25, 1950. The applicant’s her mother was transferred from the place to the Samcheon-gun Police Station, and thereafter died from the Macheon-gun Island. The applicant’s her flab was her husband’s body at the place on the spot and was dead. The eP (1936 birth, village residents) was her body at the place on which the flab was her body, and the eP (1936 birth, village residents) was her body at the place on which the flab was her local call after the outbreak of the war, and 2-Gu E was voluntarily released after the outbreak of the war. The 7th anniversary of the birth of the 1930s and the 1930s of the victims, the eth of the 1930s of the war.

(E) The net FAB(1938, LI) was the victim of the 1945 EW in 1945, and was the victim of the 1947, and was affiliated with the JIB. After which they were forced to go to go against the President of the JI. He then called the TIB. At any time, education and training was conducted on July 1950, and was detained for about 10 days at the Seochocheon-gun Police Station in 1950. On July 26, 1950, the body was recovered from the GIB Island, EX (1930, 1930, 500, 500, 400). They were voluntarily called from the TIB Island to the effect that the victims were dead, i.e., FIY, EZ, EZ, FA4, and so on.

(바) 망 GAL(1948년생, 희생자의 아들)는 '부친은 보도연맹에 가입되었다고 함. 1950년 7월 22일경 곤명지서에 연행되었고, 2~3일후 삼천포경찰서로 이송되었음. 시신을 수습하기 위해 삼천포 일대를 수소문해 보았으나 수습하지 못했다고 들었음', FC(1929년생, 8촌)는 'G는 일제 강점기부터 FE, 해방 이후 FF 재무계장으로 근무, 면장 (EK)과 사이가 나빴음. G는 좌익 쪽에서 활동을 하다 자수를 하고 보도연맹에 가입하였음, 참고인은 당시 군인(대구 주둔 3사단 사령부 소속)으로 휴가 중 G 집을 방문했는데, G가 아침에 경찰에게 연행되었다는 소식을 들었음', FG(1927년생, 6촌)는 'G는 원전지서(곤명지 서)에 감금되어 있었고, 가족과 일꾼이 밥을 날랐음. 사천경찰서 방향으로 끌고 나간 뒤 행방불명되었음. 족보에 경인년 6월 12일(양력 1950. 7. 26) 사망한 것으로 기재되어 있음, 당숙 FI도 보도연맹이었으나 도망을 쳐서 살았음', FJ(1930년생, 제수)은 'G는 FF에 근무하다. 그만 두고 마을에서 담배를 가져다 부산에 팔았는데 어른들이 불러들여 전쟁 나기 한 달 전 마을에 돌아왔음. 전쟁 발발하고 7월 23일(음력 6월 9일) 새벽에 곤명지서 경찰에게 연행, 7월 25일(음력 6월 11일경, 제사일)에 총살되었다고 들었음. 희생자 처와 둘째 시숙이 시신을 찾으러 다녔지만 찾지 못했음'의 취지로 진술하였다.

(G) On July 22, 1950, LH Q (1939, Dongs) issued H’s name on the list of the Haak-gu's Hacheon-gu's Hacheon-gu's Haak-gu Haak's Haak-gu Haak-gu Haak. Following the date, HH Q was transferred to the Samcheon-gu Haak Police Station and was detained for six (6) days. On July 31, 1950, the Simcheon-gu Hacheon-gu Hacheon-gu Hacheon-gu Hacheon-gu Hacheon-gu Haak (1931, 1931, and Do residents) was not on the list of the Hacheon-gu Hacheon-gu's Haak-gu Haak. However, due to the dispute, the Simcheon-gu Hacheon-gu Ha was found to have been on the old Park immediately before the People's Hacheon-gun.

(h) The GIZ(1926) was a member of the KIZ, who was 1926, and was franchisced to the KIG. It was later transferred to the KIG, and was detained for 20 days thereafter. On July 17, 1950, the body was recovered, the FN (1926) was franchisced to the GIG police station, and it was found that the FO died of the 19th franchisced to the GIG, and that the fO was franchisced to the GIG police station, and that the fO died of the franchisced to the GIG police station, and that the fO died of the franchisced to the GIG police station. It was found that the franchisced to the GIG police station at the time of the death of the dead body and that the body was not franchisced to the p.

(i) The deceased JBE (1939, grandchildren) went to the National Assembly of Korea after the outbreak of the war. The member was detained at the Samcheon Police Station. On July 26, 1950, the body was recovered, FR (1932, village residents) was killed in the National Assembly of Macheon-gu, Hacheon-si, the Hacheon-si, the Hacheon-si, the Hacheon-si, the Masan Village of the Republic of Korea died in the case of the National Assembly of the Republic of Korea. After the outbreak of the war, the police was detained in the Socheon-gu Police Station. On July 26, 1950, the Macheon-si, the police station was detained in the Socheon-gu, the police station, and the police police police police station was detained in the Socheon-gu, the Macheon-si, the Macheon-si, the Macheon-si, the Macheon-gu, the Macheon-si, the police station was detained in the Socheon Police Station.

(j) The net KBL (1948, Hamil) was released to the National Assembly of the Republic of Korea after the outbreak of the Korean War. On July 26, 1950, the police of the Samcheon Police Station moved the people who were gathered to the truck and died from the wall village of the Simcheon-si. The body management, FZ (1926, 1926, 1926, 200) was the FU, FV, K, FFW, 1,000 residents of the Simcheon-si, 3,000,000,0000,0000,000,000,0000,000,000,0000,000,000,000,000, 3,0000,000, 3,0000,000,000,000.

(k) On July 21, 1950, L was convened from the seat of the deceased and was voluntarily released from the seat of the sidewalk, and the police was dead at the seat of the deceased. On the face of the body of the victim, the victim was dead at the front door of the new dunese, and EO (1931st, Do), which was sent to the police. L was found to the effect that L was dead due to the fact that L was sent to the seat of the deceased and GB, and that the police was released voluntarily on July 21, 1950. The police was dead at the seat of the truck on the front door of the front door of the body of the victim, and that the body of the victim was dead due to the fact that the victim was dead due to the fact that the victim was dead, i.e., L., the 1931st generation, and GB's death.

(l) The NetworkMCC (194) died in the case of the Maurban M. The body of the victims was recovered from the Mauran Village of Mauran. The FZ (1926) was dead after the outbreak of war. The FZ (1926 residents of the same village) was fU, FV, K, FV, FW, FX and YY, and the GB of the Mauran City of Mauran City of 1,000, the 1,0000 GB of the Republic of Korea and the Mauran City of Mauran, the 1,000,000, the 1,0000, the 1,0000,0000, the 3,0000,000, 1,0000, 2,000, 3,000, 3,0000, 2,000, 3,000.

(2) The reorganization commission, along with the above applicant’s investigation and witness investigation, concluded the following conclusion as to the case of the report of the deceasedcheon-gun National Assembly (such as institutional data, newspaper data, and military data) (hereinafter each state’s findings of fact-finding).

On July 1950, the members of the Korean Film Association and preliminary inspectors in the regions of the Macheon-gun were convened by the police station and each branch of the police station, and were detained in each Macheon-gun Police station. During the convening process, the victims J and the victims were bound to the members of the Korea Youth Association. According to the convening process, the victims J and the victims were convened to the Macheon-gun Police Station, and were gathered to the Macheon-gun's branch of the Mayang-gun, and was in charge of the management of the Masan branch of the Masan-gun.1) The victims B, K, L, and I were convened to the Macheon-gun branch of the Macheon-gun branch of the Macheon-gun, and the victims were detained in the Macheon-gun Police Station of the Macheon-gun branch of the Republic of Korea.3) The victims were called to the Macheon-gun Police Station of the Republic of Korea, the Masan-gun and the Masan-gun was called to the Masan Park of the 17th of the Ma.7.

On July 25, 1950, 1950, the news report members sent to Samcheon Police Station, and the police used the truck. Among the truck which the police transported the news report members, the news report members were killed in Samcheon-gun, 1, 250. GD stated that “The 1st day after the movement of the news report members, who were under inspection, was killed in Samcheon-ri, 3,000, 1,000, 7,000,000,0000,0000,0000,0000,0000,0000,0000,0000,000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000.

(3) In addition, on September 22, 2009, the Court affirmed the truth-finding decision that it was included in the persons who have sustained the case of the National Assembly Report on Privatecheon-gun, and that it was confirmed that the truth-finding decision was made by the Ma was based on the fact-finding decision.

(b) Cases of the Korean Film Association for Gosung-gun;

(1) The Reorganization Committee heard the following statements about the network N on the ground of the applicant's investigation and the reference witness investigation regarding the Gosung-gun's news report case. CI (the age of 11, the age of ASEAN) was connected to the Gosung police station on July 25, 1950 on the ground that N was connected to the Gosung police station on July 25, 1950, and confirmed that GH (the same village resident) was at the time N was at the place of residence of the person who made the statement at the time of N, the time was at a distance from the place of residence of the person who made the statement. The victim was the victim's family moving to the truck with his hand on the back of July 1950, and he was at the end of July 200.

(2) The Mediation Committee, along with the above applicant’s investigation and witness investigation, concluded the following conclusion regarding the case of the Gosung-gun National Assembly’s news report.

From 15 July 15, 1950 to 27, Gosung Police Station called 2, Gosung 1,000, 200's 15's 15's 10's 2's 7's 10's 5's 10's 20's 20's 15's 10's 6's 10's 10's 200's 10's 15's 16's 6's 10's 10's 6's 7''''''''''''''''''''''''''s 2's 2's 10's 10's 2's 5's 10's 10's 10's 5's 10's 10's 10's 10's 7's 's 17''''''''''''''''''''''''''''''''''''''''''''''''''''''''.

(3) Accordingly, on November 17, 2009, the Reorganization Committee revealed that the net N was included in the persons who have made a sacrifice for the Gosung-gun National Assembly’s news report, and confirmed the truth, and determined the truth as the truth-finding decision.

(c) Cases of the National Report Federation of the subordinate forces;

(1) The Reorganization Committee, through the investigation of the applicant and the reference witness, listened to the following statements with respect to the Hadong-gun's National Press Report Cases.

(A) On July 1950, the net 0 (the 18 years old, village residents) went out of the Hadong Police Station, and after that, the life or death was unknown, E (the 22 years old at that time) went out of the Hadong Police Station at the time of June 25, 200, and went out several times from the Hadong Police Station to the Dogsan to the Dogsan, and he was fright at that time. At that time, the Dogsan had a large number of civilians died, and 5-6 people died at the Dogsan, and the Dogsan had died at the time of the death of 5-6 people, and it was hard to find out that there were many people who died of the Dogdong police station or died of the Dogdong police station at the time of the death of the Dog, and there were many people who died or died of the Dog on the Dogsan police station at the time of the death of Dog.

(B) On July 15, 1950, the net PHE (former 6 years of age, dongs) was forced to leave the sidewalk, and was missing after being detained to the Hadong Police Station, and the HF (former 19 years of age, residents of the same village) went to the HG before the war and went to the HG. The PHE was a way to bring about education after being admitted to the GHE. On June 12, 1950, the residents of the village were forced to leave the GHE to the GHE. On July 12, 195, the residents of the village were able to buy the trucks to the Jdong Police Station, and they were able to get out of the village, and then they were able to get out of the Sindong Police Station, and then they were able to get out of the village, and then they were able to get out of the village, and then they were able to get out of the village.

(다) 망Q. CR(당시 12세, 딸)는 '부 Q는 HJ부위원장을 맡고 있다가 1950년 6.25전쟁 후 북천 지서에서 트럭으로 태워 하동읍으로 싣고 간 후 행방불명됨', HK(당시 17세, 같은 마을 주민)은 '방화부락에선 HL, Q, HM 등이 좌익사상에 가담하였는데 HM은 보도연맹 사건에 앞서 형무소에 있었고 전쟁 시 보도연맹으로 끌려간 마을 주민은 Q와 HL 두 명이었음. 1950년 7월 20일경 북천면사무소로 나오라고 하여 나간 후 행방불명되었음', HN(당시 24세, 같은 마을 주민)은 'HL, Q는 전쟁 전 좌익 운동으로 인하여 피신해 다녔고 따라서 경찰은 가족에게 갖은 고문과 폭행을 가하였음. 경찰이 신변보장을 해준다.고 보도연맹에 가입하라고 해서 피신해 있던 사람들이 다나왔고 피해자들은 보도연맹에 가입하였음. 피해자들은 음력 6월 6일 북천면사무소로 교육이 있다고 나오라고 해서 나갔다가 행방불명되었음. 이튿날 마을주민인 HO가 논에 나갔는데 트럭에 두 대가가고 있던 중 HLHO를 부르며 “나 진주로 나간다. 집에다 말해라” 라고 했다고 함. 트럭에는 사람들이 기립자세로 빡빡하게 서 있었다고 말하였음'의 취지로 각 진술하였다.

(D) On July 1950, LCV (hereinafter “RCV”) was involved in the police on the charge of the news report, and the HP (28 years old at that time) served on the victim RR as a temporary position when the victim RR was at the time, and the HP was in the same work as “the HS.” At that time, R was in the family register, and HR was in the same work as “HT, HU, and R were killed in relation to the news report for about 7 to 8 persons at that time, and the name was HT, HU, and R had been in conflict with each other at that time, and was in an atmosphere that was disprovokinged against the interest of HT, HU, and R. In addition, the victim was 10 years old and was in 16 years old and was in 10 years old and 10 years old and later in 19 years old and later in 200.5 years old and later in 200.

(E) On July 1950, the deceased S.CY (S.S. 5 years of age, ASEAN) stated to the effect that “S was missing after being detained in the Hadong Police Station because it was discovered by the police at the time of the Korean War, and that HV (the village residents at the time of the 22 years of age, and the same village residents) was admitted to the Hadong Police Station. However, after the outbreak of the Korean War on June 25, 195, it was stated to the effect that “S was missing after being detained in the Hadong Police Station.”

(f) On July 25, 1950, LTDR (the 5 years of age at the time, ASEAN) went out on the ground of having joined the news franchising association, and then went out on to the franchising site, which was missing after being loaded on the truck, and HW (the 30 years of age at the time, Do resident) was franchising and was transferred to the Hadong Police Station following July 15, 1950. The statement was made to the effect that, on the ground that the franchising was made, the franchising was not made, but the franchising was made to the franchising president at the time of the franchising and the franchising was made to the franchising president at the time of the franchising.

(2) The reorganization commission, along with the above applicant’s investigation and witness investigation, concluded the following conclusions regarding the case of the Gosung-gun National Report Union (agency data, newspaper data, military data, etc.).

On July 28, 1950, the People's Republic of Korea was released from 6th Franchise 27) the police station, which was the 3th anniversary of the 196th anniversary of the 196th anniversary of the 196th anniversary of the 20th anniversary of the 196th anniversary of the 3th anniversary of the 196th anniversary of the 196th anniversary of the 196th anniversary of the 196th anniversary of the 196th anniversary of the 196th anniversary of the 196th anniversary of the 196th anniversary of the 3th anniversary of the 196th anniversary of the 196th anniversary of the 196th anniversary of the 196th anniversary of the 196th anniversary of the 196th anniversary of the 196th anniversary of the 3th anniversary of the 196th anniversary of the 196th anniversary of the 3th anniversary of the 3th anniversary of the 3th anniversary of the 196th anniversary of the 2.

Grade of the press reporters detained in the House Police Station from July 11, 1950 to the end of the end of July 1950;

A) On a multiple occasions, Gap (A) died above 38, 400 Magsan, and 40 Magsan. At the time, IM, who was an official in charge of Jinju, stated that "I would have been able to capture the number of the pressmen leading from the river and high level, and died all of the military police officers at Hagsan," 39. Meanwhile, I, who was an official in charge of Hindong Police, was 40 to 40 Magjin-dong Police Station's 40 Mag-dong Police Station's Mag-dong Police Station's 5 Mag-dong Police Station's 40 Magjin-dong Police Station's Magjin-dong 40 Magjin-dong, which was 40 Magjin-dong Police Station's Magjin-dong 5 Magjin-dong at the time of cooperation between the military police station and the Southern Police Station, was presumed to have been living at 150 Ma-dong 10 5 Ma-dong.5 1.

In this regard, with respect to the issue of whether the police called the National Assembly of Korea and then notified the bereaved family of the fact to the death of the deceased, KIN at the time of the war said that there was no notification to the bereaved family in relation to the position of the National Assembly of Korea.

(3) Accordingly, on November 17, 2009, the Reorganization Commission issued a truth-finding decision that the truth-finding decision was based on the fact-finding decision that it was found that it was included in the persons who have made a sacrifice for the Maternal Report of the Hadong-gun National Assembly, including P, Q, R, R, S, and T, and that it was "the fact-finding decision".

D. The filing of the instant lawsuit

The plaintiffs were able to recover their honor and compensate for damage, etc. from September 22, 2009 when the truth-finding decision was made by the President of the Korean National Assembly of Sacheon-gun on the basis of the provisions of the Act on the Settlement of History from November 17, 2009 and the recommendations of the Reorganization Commission.

The Defendant brought the instant lawsuit seeking damages against the Defendant on the ground that the deceased was killed by the police or soldier to which the Defendant belonged, as stated in the findings of the truth-finding on August 6, 2012, as in the aforementioned findings of fact, although the Defendant was expected to take any affirmative action, but the Defendant did not take any action.

(e) Inheritance relationship;

The plaintiffs are bereaved family members of the deceased, such as the relationship column in attached Form 3.

[Ground of recognition] Class A, Nos. 1, 5 through 24, 47 through 49, 51 (including numbers, if any; hereinafter the same shall apply), and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Applicable legal principles

Inasmuch as the truth-finding decision by the Court of Reorganization has the same effect as “the presumption of facts” in civil litigation or does not allow evidence, or as an exception to the principle of free evaluation of evidence, it cannot be deemed that the court’s decision on fact-finding is binding, and thus, solely on the ground that the Court issued a truth-finding decision, the specific person was determined without any room to dispute the fact that he was a victim by the military or the police or the State, and thus, the State’

① However, there were no cases where the State voluntarily obstructed or even punishd the attempt to detect the truth regarding illegal acts before and after the Korean War; ② there were considerable objective evidence after the lapse of 30 years from the time of the Korean War to the time of the enforcement of the Korean War Reorganization Act; ③ there were many cases where the victims or witnesses die; ③ the loss of memory, distortion, disagreement, and lack of consistency, etc. even if the victims or witnesses are alive, ④ even if the academic homicides in the military of the State are objectively revealed, it should be deemed that the punishment was close, or that there was no objective record or data to prevent the access of their family members to the scene of the Korean War, or that there was no evidence to avoid any objective record or evidence; ⑤ It should be deemed that the Commission’s preparation of the procedure and objective evidence to determine the truth of the case before and after the Korean War, and that it is not appropriate to establish a fair and objective evidence to establish the truth of the case, including the case of the victims of the Korean War.

Therefore, it is difficult to accept the determination of the truth-finding in light of logical and empirical rules, unless it appears that the content of the statement by the bereaved family or reference witness, which was based on the confirmation of the facts of the truth-finding decision or the recognition of the presumption, is contradictory to the fact-finding decision, or that it is difficult to accept the determination of the truth-finding decision due to considerable lack of physical strength, relevance or probative value of the statement, as it appears that the determination of the individual person subject to the truth-finding decision itself is inconsistent with the determination of the facts of the truth-finding decision, or that the determination of the truth-finding decision, which was based on the confirmation of the victims or the recognition of the presumption, is inconsistent with the determination of the facts of the truth-finding decision, or that it is difficult to confirm the fact-finding decision as to whether he/she stated the truth-finding decision or whether he/she made a direct witness or not.

B. Whether the defendant is liable for damages

(1) Determination as to the plaintiffs' claims listed in Attachment 2. Nos. 82 through 100

The Court decided that the net S was committed by the police on July 1950 on the basis of the statements of CY and HV in the findings of the fact-finding on the Hadong-gun's national news report case.

However, considering the following circumstances acknowledged by Gap's 42-1 (CY 42-1), No. 42-2 (CY 2-2), evidence No. 42-3 (HV's statement), which is the original data of the Conciliation Committee on the deceased S. Research and Development, Gap's 1-5 (CY 1-2), and the fact that the deceased's 1-2-3 (HV's statement), i.e., the deceased S 1-2 cannot be found to have known the reason that the deceased S 1-4 was a member of the National Assembly, 3-2-4, and 9-4, the deceased's 9-1-6, which was the date and time of the application for the truth-finding of the deceased S. 1-5 (CY 42-1), and the fact that the deceased's 2-4,0000-6, which was found to have not been found to have been found to have been found to have been 3-4,004,0000.

Therefore, the claim for damages of this case by the plaintiffs, who are the bereaved family members of the network S, 82 or 100 listed in the No. 2. List No. 82 or No. 100 (hereinafter referred to as "the plaintiffs, who are the bereaved family members of the network S," and excluding them, "the plaintiffs," are without merit.

(2) Determination on the remaining plaintiffs' claims

According to the purport of the truth-finding decision of 1, 50, 7.5, 195, 7.5, 197, 197, 197, 197, 197, 197, 197, 195, 195, 195, 195, 195, 195, 195, 195, 195, 25, 195, 195, 195, 195, 25, 195, 195, 20, 195, 25, 195, 19, 195, 20, 195, 195, 195, 195, 196, 196, 195, 196, 25, 196, 196, 196, 195, 197,

Therefore, the military personnel and the police of the defendant infringed on the deceased's physical freedom, right to life, and right to be tried according to due process, and as a result, it is obvious in light of the empirical rule that the deceased and their bereaved family members suffered from severe mental pain. Thus, pursuant to Article 27 of the Constitution of the Republic of Korea (which was enacted on July 17, 1948 and amended by the Constitution No. 4 of June 15, 1960), the defendant is obliged to compensate for mental damage suffered by the deceased and their bereaved family members due to the above unlawful performance of duties by the military police.

C. Determination as to the completion of extinctive prescription

(1) Judgment on the defendant's defense of extinctive prescription

Since the defendant filed a lawsuit of this case five years after the death date of the deceased of this case, the remaining plaintiffs' right to claim damages had already expired before the lawsuit of this case was filed, it is clear that the prescription has expired when the right to claim damages against the State caused by tort has not been exercised for five years from the date of tort (Article 32 of the former Accounting Act before it was repealed by Law No. 42 of Apr. 7, 1921, and Article 82 of the former Accounting Act before it was repealed by Law No. 217 of Sept. 24, 1951), and the remaining plaintiffs' lawsuit of this case was filed five years after the death date of the deceased of this case.

(2) Judgment on the second defense of the plaintiffs' defense abuse

(A) The exercise of the defense right on the ground of extinctive prescription on the ground of the part other than the claim extended by the 6 and 7 Plaintiff’s trial in the annexed Nos. 2. No. 6 and 7 is governed by the principle of trust and good faith and the principle of prohibition against use in rights, which are the major principles of the Civil Act, and thus, the obligor had the right holder trust it after the completion of extinctive prescription. If the obligor exercised his/her right within a considerable period of time that the obligor could expect the right holder to exercise his/her right, the obligor’s assertion for the completion of extinctive prescription is not permissible as abuse of rights against the principle of trust and good faith (see, e.g., Supreme Court Decision 2009Da669

As above, the Defendant declared that the Act was enacted on May 31, 2005, when 50 years have elapsed since the lapse of the five-year statute of limitations, and that the Defendant would take appropriate measures for the victim’s damage and restoration of honor of the Korean War, and that the victim’s damage and damage to the truth-finding case would be ultimately accepted, barring any special circumstances, barring any special circumstance, it should be deemed that the victim’s bereaved family members, who received the truth-finding decision, exercise their rights within a considerable period of time on the basis of such decision, would not claim the extinguishment of rights. Accordingly, the Defendant’s assertion that the statute of limitations expired constitutes abuse of rights against the principle of trust and good faith and thus, cannot be allowed.

However, even in a case where an obligor has granted the same trust as the obligor did not use the benefit of extinctive prescription, the obligee may block the obligor’s defense of extinctive prescription only within a reasonable period from the occurrence of such disability. Here, “reasonable period” should be limited to a short-term period equivalent to the suspension of prescription under the Civil Act, barring any special circumstance. Even in a case where it is inevitable to acknowledge an extension of the period due to a very special circumstance in each case, it shall be deemed that in the case of a claim for damages caused by tort, the period may not exceed three years, which is the short-term extinctive prescription period under Article 766(1) of the Civil Act (see Supreme Court en banc Decision 2012Da202819, May 16, 2013), since the truth-finding decision of the Macheon-gun National Report System at the time of elimination of such disability, the Plaintiffs did not appear to have been able to file a lawsuit within 20 years after the lapse of the period of extinctive prescription period, and the Plaintiffs did not take adequate measures to rectify the remainder of the Defendant’s defense.

Ultimately, the defendant's defense of extinctive prescription is without merit.

(B) It is clear in the record that the Plaintiff, 6,7, as indicated in the No. 2 No. 6, 7 Plaintiff’s claim extended at the trial of the competent court, claimed only the respective shares of inheritance by asserting that he/she received inheritance of the deceased E’s claim for consolation money at the warden. It is obvious that the Plaintiff filed a claim for consolation money for the deceased E’s fatherFH, mother FD, FB, and each EV’s claim for consolation money was additionally filed at the trial of the competent court on March 3, 2014, where three years have elapsed since September 22, 2009 when the truth-finding decision was made on September 22, 2009.

Each claim for consolation money against the defendant by his parents and siblings of the deceased E is clear that it is a separate claim that differs from that of the deceased E himself/herself's claim for consolation money which the above plaintiffs sought in the complaint. As such, with respect to the above claims expanded in the trial, it cannot be deemed that the above plaintiffs exercised their rights within a reasonable period from the date of the truth-finding decision of the case of the privatecheon-gun National Assembly Report Federation, and therefore,

As to the above extended claim, the defendant's defense of extinctive prescription does not constitute an abuse of rights. This part of the defendant's defense of extinctive prescription is justified.

3. Scope of damages.

A. The computation of consolation money seems to have suffered from severe mental pain due to the instant case, and due to the special situation of the South-North Korean division, which is in conflict with the reality and ideology of the division of Korea, after the Korean War occurred, the bereaved families of the instant deceased were subject to social discrimination and suffered considerable economic difficulties. The Korean prices and national income level have increased considerably after the lapse of more than 60 years from the date of the death of the instant deceased to the date of the closing of argument in the instant case. In light of all the circumstances indicated in the instant case, such as equity with similar cases, it is reasonable to determine consolation money for the deceased and their bereaved families as of the date of the closing of argument in the instant case to KRW 80 million,000,000, consolation money for their spouse as of the date of the instant case, and consolation money for their parents and children as to KRW 40 million,000,000, consolation money for their parents and children as well as KRW 80,000,000,000.

B. The plaintiffs' claim for consolation money for the deceased's parents, siblings, wife, and children's children, including some of the plaintiffs, are as stated in the corresponding money in attached Form 3. The remaining plaintiffs' claim for consolation money for the above data are as stated in attached Form 3's corresponding money in attached Form 3's shares in inheritance. [The amount of consolation money for the plaintiffs to inherit according to the corresponding shares in the corresponding inheritance in attached Form 3's shares in the above data claim are as stated in attached Form 12-1. It is acknowledged that the EU of the deceased I died on January 20, 1951 (short-term 4.20 January 20, 198), but it did not claim consolation money for the 32 through 36 plaintiffs' share in consolation money for the above part in attached Form 2. Thus, this part was excluded from the calculation of consolation money for the plaintiff's share in attached Form 2.5 and 6. The court of first instance did not recognize consolation money for the plaintiff's death 20.400.7.20.40.

C. Sub-committee

Therefore, the defendant is obligated to pay damages for delay at each rate of 5% per annum under the Civil Act until April 24, 2013, which is the date of the judgment of the court of first instance, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, to the plaintiffs (i.e., the corresponding money indicated in the "amount of money" as stated in attached Form 2.), including the above claims for consolation money (i.e., the corresponding money in the "amount of money" as stated in attached Form 2.), and as to this, it is reasonable for the defendant to dispute over the existence or scope of the obligation to pay damages for delay at each rate from April 10, 2013, which is the date of judgment of the court of first instance, to the date of full payment.

In addition, the defendant is obligated to pay damages for delay at each rate of 5% per annum as stipulated in the Civil Act from March 7, 2014, which is the closing date of the trial proceedings at the court, to the plaintiffs listed in the separate sheet 23 through 31 (i.e., the corresponding money stated in the separate sheet 2. The corresponding money in the separate sheet 2.) and to the extent that it is reasonable for the defendant to dispute about the existence or scope of the obligation to perform from March 7, 2014 to May 23, 2014, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

4. Conclusion

A. The claim of this case by the plaintiffs (the bereaved family members of the network S) in the No. 82 through No. 100 column of the defendant's appeal and the rejection of the plaintiff's appeal shall be dismissed as all of the claims of this case. The decision of the first instance court, which has different conclusions, is unfair, and it is revoked in its entirety by accepting the defendant's appeal and dismissed in its entirety.

B. Part of the defendant's appeal, rejection of the plaintiff's appeal

Since the defendant is obligated to pay the above money recognized as above to the plaintiff 4 and 5 in the separate sheet Nos. 2, the above plaintiffs' claim of this case is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. Since the part against the defendant who ordered payment in excess of the above recognized amount among the judgment of the court of first instance that partially differs from this conclusion is unfair, it is revoked and the above plaintiffs' claim corresponding to the revoked part is dismissed, and the remaining appeal of the defendant and the appeal of the above plaintiffs are dismissed as it is without merit.

Since the defendant is obligated to pay the above money recognized as above to the plaintiffs listed in the No. 23 through 31, the plaintiff's claim against the defendant shall be accepted within the extent of the above recognition, and the remaining claims shall be dismissed as it is without merit. Since the judgment of the court of first instance is unfair in conclusion, the defendant's appeal against the plaintiffs as to the 23, 24, 26 through 31 is partially accepted, and the judgment of the court of first instance shall be modified as above by accepting part of the plaintiff's appeal against the 25 plaintiff.

D. The dismissal of both appeals and the extension claims

The defendant is obligated to pay the above amounts to the plaintiffs as above, since the above plaintiffs' claims of this case are justified within the extent of the above recognition, and the remaining claims shall be dismissed as it is without merit. The judgment of the court of first instance is just as it is consistent with this conclusion. Thus, the claims extended at the court of first instance 6, 7 plaintiff's appeal Nos. 6, 7 of the above plaintiffs' appeal and the defendant's appeal No. 2 of the No. 2 of the above plaintiffs' appeal are dismissed as they are without merit.

It is so decided as per Disposition.

Judges Kim Gung-sik

Judges Lee Young-young

2) The applicant’s statement ( July 1, 2008); the applicant’s statement statement ( June 19, 2008); the witness’s statement; and

The applicant AZ protocol of statement ( June 19, 2008); the witness EC protocol of statement ( July 14, 2009); the witness FN protocol of statement;

( July 14, 2009); Report on the F Q Q monetary call of a witness ( July 7, 2009); Statement of witness FZ ( July 13, 2009); Reference witness;

FR protocol of statement ( July 13, 2009).

3) The applicant’s protocol of statement ( July 2, 2008); the witness E-H protocol of statement ( July 14, 2009); the witness E-J currency report;

( July 6, 2009)

4) The applicant A Q Q’s statement ( June 19, 2008), the witness’s statement ( July 14, 2009) and the witness’s statement.

5) The applicant AA protocol of statement ( June 12, 2008); the witness Zine report ( July 7, 2009)

6) The applicant FT statement ( June 19, 2008); the applicant FY statement ( July 1, 2008); the applicant AB statement;

( April 1, 2008); Applicant BE protocol of statement ( June 19, 2008); Reference Witness’s protocol of statement ( July 14, 2009); Reference Witness;

GC monetary report ( July 6, 2009) ; witness EX protocol of statement ( July 13, 2009); witness FZ statement (written statement of July 7, 2009).

13. The FR statement by reference person ( July 13, 2009).

7) The Meet Island was disadvantageous to the Burial Island, the Protective Island, and the Meet Island.

8) Reference witness FR statement ( July 13, 2009).

9) Applicant FY Statement of Statement ( July 1, 2008); Reference Witness GC monetary report ( July 6, 2009)

10) The applicant AZ protocol of statement ( June 19, 2008); the witness FN protocol of statement ( July 14, 2009); the witness F Q Q Q currency report.

letter ( July 7, 2009)

11) The applicant A Q Q statement ( June 19, 2008); the witness’s statement statement ( July 14, 2009).

12) The applicant’s statement of the FY statement ( July 1, 2008); GC monetary report from a witness ( July 6, 2009).

13) The applicant’s statement of the FT statement ( June 19, 2008); the applicant’s statement of the AA (2008, June 12, 2008); the witness’s statement of the GA;

( July 14, 2009); Z monetary report of a witness ( July 7, 2009).

14) The applicant BE statement ( June 19, 2008); the applicant GG statement ( June 19, 2009); the applicant AB statement;

( April 1, 2008); Statement of witness FZ ( July 13, 2009); FR statement of witness ( July 13, 2009); Statement of witness FR ( July 13, 2009); witness;

FN’s statement ( July 14, 2009); References F Q Q Q monetary call report ( July 7, 2009); References EX statement ( July 2009)

13.)

15) A witness GK statement ( June 24, 2009).

16) The applicant’s written statement of the GO ( August 27, 2008); the applicant’s written statement of the GP ( November 11, 2008).

17) The mother’s horse that the police carried G Q (C-1035) on a truck, a Dong Ne resident, is the way to hear the horses of his mother.

GR, GS, GT, Q, GU, etc. to the extent of 10 "ten persons, including GR, GTS, Q, and GU, all of which were carried out in the Republic of Korea at that time."

That said, the statement by reference witness was said. The statement by reference witness was made on June 25, 2009.

18) Witness GV statement ( June 25, 2009); Reference Witness GW statement ( June 24, 2009).

19) Muday, GXI.

20) Trrings are affiliated with the Chuncheon Trrings of the administrative geographical name, but adjacent to the Crrings of the Republic of Korea.

h. see "Songsung-gun."

21) Reference witness GM statement ( June 25, 2009).

22) Reference Witness GH Statement (No. 6, 209, 24.)

23) Statement of witness GY (209, June 24, 200)

24) Witness GN statement ( April 9, 2009).

25) Statement of witness GL statement ( June 25, 2009).

26) Muday, GXI

27) The Joseon People’s Assistant, IB.

28) There is a need to do so, so that those who wish to die may do so.

In the case of known, the KYNNND .. Witness HY statement ( April 8, 2009) was known.

29) Statement of witness ID ( July 15, 2009).

30) Statement of witness HZ statement ( July 14, 2009).

31) Democratic Seniors, IE.

32) IF personnel: IG personnel, as soon as possible, in the place of cultivation, mountain administration, and smuggling.

33) The victim H (case No. c-6170) due to such joint search operations shall be placed in the red scirical scirical area humpha.

C. A witness I statement ( July 15, 2009) was made.

34) Even the article of 1960, 700 residents were killed in Hadong-gun on the ground of public bath before the war.

reference to "The 5th 1st 3th 1st 1st 1st 3th 1st 1st 3th 1st 3th 1st 1st 1st 1st 1st

(m) 200 square meters per 700 young people, such as Haak-si and Cheongak-si adjacent Haak-si and Maak-si.

In the warehouse of the Agricultural Association, 100 persons, one hundred persons at a time during three months of expropriation, shall be the back of the Zcene, which shall be the aggregate of the graves.

Busan, IK, Busan, and IK.

35) Witness IA statement ( July 15, 2009).

36) Witness EE statement ( June 4, 2009).

37) “IL” means a person who visited, and is detained, at the time of his active service, at the House and Police Station, from a malicious village as a soldier in active service.

Three persons, including IPs, from among those who have the same trend, were released at the detention room of the police station."

ED protocol of statement of witness ( July 16, 2009) ; witness HY protocol of statement (2009, April 8, 2009); 752 pages 752.

38) Witness HE statement ( July 14, 2009).

39) We do not deal with the temporary accommodation program in the prison by putting together the following persons, regardless of whether they are displayed.

Persons who have been accommodated in the playgrounds and had been involved in the sports have been a day, and there are many military policemen who have been serving again.

C. Statement of witness IM ( January 7, 2008)

40) Statement of reference witness (statement on December 5, 2008)

41) Although it is not possible to know where the above-mentioned portion belongs, the third solidarity at that time was from July 16, 1950.

There is a record that by 24th day it was found that he participated in combat in the Honam area, such as a mar, Jeonju, and Namwon.

C. Bohy's 7th class headquarters, Litering's 10 to Dec. 31, 1969, and 1970.

42) Statement of witness I Q Q statement ( June 4, 2009); Statement of witness HY by witness ( April 8, 2009).

43) Statement of witness IO (209, July 15, 200).

44) Statement of reference witness (statement on December 5, 2008)

45) Reference witness IR statement ( April 9, 2009); Reference witness IS statement ( April 9, 2009)

46) This is a body found because it has been killed in a lot at night and was killed in any place other than knowledge of the body at night.

The statement by the police is almost difficult to say that there are some circumstances in the statement by the witness. E-E statement by the witness.

( June 4, 2009),

47) A reference witnessIN telephone investigation report ( June 4, 2009).