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(영문) 서울고등법원 2016.01.14 2015나2036271

손해배상(기)

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 22, 1910, Japan, which suffered from exposure to the exposure of the plaintiffs' primary exposure, concluded the Korea-Japan merger treaty with the Korean Empire on August 22, 1910, and controlled the Korean Peninsula through the Korean War General.

Japan gradually entered the exhibition system by causing the Man-Japanese War in 1931 and the Japanese War in 1937, and caused the Pacific War in December 8, 1941.

The Plaintiffs, on August 6, 1945, shall be Romema or the same year.

8.9.Accomprisonomic damage caused by balkomic balkombs.

B. On August 15, 1945, Japan declared a port uniform to the United States and other Union nations including the United States on August 15, 1945, the Pacific War was terminated. On September 8, 1951, the United Nations and Japan entered into the Grand Franco Treaty to resolve the issues of compensation before and after the time. (2) Article 4 (a) of the Treaty provides that "the claims for Japan and their citizens located in the areas provided for in Article 2 of the Treaty including the Republic of Korea and for their citizens and for their people's property, and the claims for Japan and their citizens located in Japan shall be governed by special agreements between Japan and their governing authorities."

C. 1) The military administration of the United States of America and Japan, which had entered into the Agreement on Claims between the Republic of Korea and Japan after the date of the release, had the Japanese property, which was returned to Korea on December 6, 1945 by the Military Affairs Act No. 33, which was promulgated on December 6, 1945, and had been reverted to the United States Armed Forces. Such Japanese property was transferred to the Korean Government in accordance with the first agreement on finance and property between the United States of America, which entered into force on September 20, 1948, following the establishment of the Government of the Republic of Korea. 2) In accordance with the purport of Article 4(a) of the Convention, the Republic of Korea and the nationals of Korea, Japan and Japan.