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(영문) 서울고등법원 2016.12.23 2016나2054269

손해배상(기)

Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Each part of the 8th judgment of the first instance court is "6.6.6" as " June 1981."

The following shall be added at the end of the 8th sentence of the first instance court at the end of the 9th sentence:

“The Plaintiff A was illegally detained for 16 days from June 1981” as stated in the grounds for the claim, however, it is obvious that the above part is a clerical error since Plaintiff A withdrawn from the grounds for the claim of the preceding judgment, as seen earlier.

2) The following is added between the 17th instance judgment, the 4th instance judgment and the 5th instance judgment:

Until October 29, 2015, which became final and conclusive in the judgment of innocence against Plaintiff A regarding the instant illegal act, the Plaintiffs were de facto disabled persons who could not expect the Plaintiffs to exercise the right to claim consolation money against the Defendant. Inasmuch as Plaintiff A brought a lawsuit in this case prior to the date of the final and conclusive judgment on which such disability was terminated, the Plaintiffs ought to be deemed to exercise their right within a reasonable period that could prevent the Defendant from protesting against the extinctive prescription period. The Plaintiffs filed a lawsuit against the Defendant seeking consolation money due to illegal confinement on or around December 1980 before the judgment of retrial becomes final and conclusive (see, e.g., Supreme Court Decision 2013Da20841, May 28, 2015). Articles 17 through 9 through 20 of the judgment of the first instance court is as follows. “In the event of calculating consolation money due to illegal act, the victim’s age, occupation, social status, and property status of the victim, the victim’s motive and degree of suffering from the harmful act, etc.