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(영문) 부산고등법원 2016.10.13 2015나51555

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Grounds for the court's explanation of this case by the court of first instance concerning this case are set forth in Article 2-2-2 and 3 of the judgment of the court of first instance as the plaintiff withdraws part of a lawsuit at the time of trial.

B. (1) The deletion of paragraph (1), the term “Defendant Korea Development Bank” in the judgment of the first instance court shall be deemed to read “Korea Development Bank”, the “Defendant U.S.A. assertion” in Article 2(a) shall be cited as follows, and the Defendant in Article 3(a) of the U.S.A.’s judgment on the main defense of the U.S. shall be cited by the main sentence of Article 420 of the Civil Procedure Act on the grounds of the judgment of the first instance except for the addition of the following instructions:

2. The part of the court of first instance [Article 2-A of the court of first instance] "(a) The defendant United States of America enacted the military law of this case and confiscated Japanese bank rights owned by the deceased, which was concluded at Hague in 1899 and 1970, and in violation of international humanitarian law, such as the "Convention on the Law and Custom of Land," which is an international treaty to which the defendant United States of America was a party, (hereinafter referred to as the "Convention"), which is an international treaty to which the defendant United States of America was a party, is liable to compensate the plaintiff who is a co-inheritors of the deceased for damages in accordance with the above treaty. Even if not, the military law of this case enacted by the defendant United States of America does not have a compensation law while forfeiting private property, and thus, the law of unconstitutional and invalid property rights of the deceased were violated, and thus, the defendant bank has a duty to return the deceased's deposit in accordance with the above laws and regulations, which is equivalent to the deceased's unconstitutional and invalid interest to the deceased's deposit.

3.Paragraph 3(a) of the addition is the main defense of the United States of America.