A. The deceased D (hereinafter “the deceased”) was convicted on April 28, 1973 at the Army Headquarters General Law Meeting of Korea (No. 97) during military service.

Therefore, although the deceased appealed, the High Military Court of Justice sentenced the judgment that found him guilty of part of the facts charged on July 30, 1973 (Supreme Court Decision 73Do2526). While the deceased filed an appeal (Supreme Court Decision 73Do2526) on December 11, 1973, the appeal was dismissed and the judgment of the appellate court became final and conclusive.

B. As a result, the Deceased was removed from the military register on December 11, 1973 pursuant to Article 40 subparag. 4 and Article 10(2) subparag. 4 of the former Military Personnel Management Act (amended by Act No. 2979 of Dec. 31, 1976).

C. The Deceased died on November 4, 2010.

On December 10, 2010, the plaintiffs, who are the children of the deceased, filed a request for review on the above appellate judgment. On June 9, 2011, the Seoul High Court reversed the conviction portion of the above appellate judgment and sentenced the verdict of innocence (201No53) against the deceased on the grounds that the evidence on the facts charged was a confession that was made in bad faith due to adviser, threat, etc., and the above judgment became final and conclusive on June 17, 201.

On August 30, 2011, the Defendant invalidated the removal order against the Deceased on December 11, 1973, and then retired from the military service as of September 6, 201, on September 30, 201, the Defendant retired from the military service as of September 30, 1983.

[Personnel Order (Officers) No. 643]. e.

On October 12, 2011, the Defendant paid to the Plaintiffs totaling KRW 49,961,692 as the unpaid benefits of the Deceased from April 1973 to September 1983. On September 3, 2013, the Defendant paid KRW 494,757,780 as the unpaid retirement pension of the Deceased from October 10 to December 2010.

[Ground of Recognition] A without dispute, Gap evidence Nos. 1 through 12, Eul evidence Nos. 1 and 2 (including provisional number), the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

A. The defendant paid only the principal when paying the deceased's unpaid benefits and retirement pension to the plaintiffs, but the Military Pension Act, and the Military Pension Act.