손해배상
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning for the court’s explanation of this case is as follows, except for adding the following judgments to the pertinent part, thereby citing this case by the court of first instance pursuant to the main text of Article 420 of the Civil Procedure Act.
2. The defendant asserts that the plaintiff should deduct the compensation received from the Ministry of Patriots and Veterans from the plaintiff's damages.
In full view of the fact-finding results of the fact-finding and the overall purport of oral argument by the court of the first instance on the Ministry of Patriots and Veterans Affairs, it can be recognized that the Plaintiff received monthly compensation to be paid to soldiers and police officers on duty due to the instant accident. However, the system that pays compensation, such as pension and various allowances, to persons of distinguished service to the State, etc. under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act on Persons of Distinguished Service to the State”), not only has the character of social security to promote their stability of life and improvement of welfare, but also differs from the system that compensates for damages as it implements honorable treatment for their contributions and sacrifices for their nation. Thus, the compensation paid or to be paid by the Plaintiff under Article 11 of the Act on Persons of Distinguished Service to the State should not be deducted from the compensation to be paid by the Defendant (see, e.g., Supreme Court Decision 97Da45914, Feb
3. Thus, the judgment of the court of first instance is just in its conclusion, and the appeal by the plaintiff and the defendant is dismissed in its entirety as it is without merit. It is so decided as per Disposition.