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(영문) 서울고등법원 2016.09.02 2015나2076095

손해배상(국)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Selected BV, B, ND, NE, NF, NG, NH, NI.

Reasons

1. The reasons for the judgment of the court of first instance are the same as the corresponding part among the reasons for the judgment of the court of first instance. Accordingly, according to the litigation acceptance by the Appointors listed in Paragraph (3) of the order of the court of first instance, the reasons for the judgment of the court of first instance, "104 persons" who refer to the remaining Appointors except for "Plaintiffs, Appointors B, C, D, E, F" among the Appointors, "108 persons who are appointed", and "103 persons who are appointed" who refer to "Plaintiffs, Appointrs B, D, E, F, and G" among the Appointors, shall be described as "107 persons who are appointed."

In addition, the "attached Form 3" of the judgment of the court of first instance shall be stated in attached Form 3 by reflecting the litigation process of the designated parties specified in paragraph 3 of the order, etc.

It shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

However, the following judgments are added to the defendant's repeated argument as to whether the victims of this case were killed due to the defendant's illegal act of this case.

2. Determination of the attached articles

A. It cannot be readily concluded that the victims of this case suffered losses from confinement due to the Defendant’s tort, solely on the basis of the fact of the investigation report and the truth-finding survey by the past reorganization committee regarding the Defendant’s assertion, Kim Jong-hae’s case.

B. However, in light of the following circumstances as a whole, the Defendant’s organization, such as the evidence mentioned above (a statement of 75 persons who filed an application to ascertain the truth, such as the bereaved family members of the victims of the case on the part of the Korean Film Federation, witness of the situation of damage, each statement of evidence of 23 persons, such as the escapeer, etc. detained, and Kimhae Police Station, and the contents of the victim’s personal information and the applicable date of punishment, etc., including the victim’s personal information and the list of the victim, and the records of the investigation and the preparation thereof, shall be considered based on the above evidence: