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(영문) 서울고등법원 2016.01.22 2015나2046018

손해배상(기)

Text

1. The judgment of the court of first instance is modified as follows.

The defendant 481,360,000 won against the plaintiff A and 134,565.

Reasons

The reasoning of the judgment of the court of first instance cited in this case is as stated in the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, with the exception of the parts to be cited in the following paragraph (2). In the second part of the judgment of the court of first instance, the "No. 28, 1994" was amended to " August 30, 1994."

2-2-2

(a) The portion of “the plaintiff’s assertion” (from Nos. 6, to 10, 12) shall be followed as follows:

A. Since the plaintiffs and their parents suffered mental distress due to each of the tort committed against the plaintiffs on the part of the defendant's assertion, the defendant is liable to compensate the plaintiff for damages of KRW 2,138,026,66 (i.e., KRW 100,00,000,000, KRW 466,666,666 each inheritance amount of consolation money of KRW 428,640,00), and KRW 1,301,232,266 (i.e., KRW 20,00,000, KRW 46,666,6666, KRW 165,434,40) due to the plaintiff's tort committed against the plaintiff Eul by the plaintiff Eul (i.e., KRW 200,000,000,000, KRW 1,301,232,666).

(a) “Determinations on the cause of the claim” (from Nos. 6 to 17 to 8) shall be made as follows:

(1) According to the above facts, according to Article 1 of the former Armed Forces Ordinance (amended by Presidential Decree No. 9734 of Jan. 23, 1980), a security guard officer who belongs to the security company shall take charge of matters concerning military security and intelligence and the investigation of crimes under Article 44 subparag. 2 of the Military Court Ordinance, and according to Article 44 of the former Military Court Ordinance (amended by Presidential Decree No. 344 of Apr. 17, 1981), a security unit officer shall investigate a case under the jurisdiction of the Military Court Act, despite the fact that Article 44 of the former Military Court Ordinance (amended by Presidential Decree No. 3444 of Apr. 17, 1981), he/she illegally investigated the plaintiffs of civilian status who did not have the right to investigate.