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(영문) 서울중앙지방법원 2016.02.17 2015가단5346263
지연이자 청구의 소
Text

1. The Defendant: (a) each money recorded in the column for the cited amount in the separate sheet to the Plaintiffs; and (b) from November 7, 2015 to February 2016.

Reasons

1. Basic facts

A. The plaintiff A was convicted of violating the National Security Act (other) and the deceased K, the plaintiff D, E, and the network L were prosecuted as charges of violating the National Security Act and committing a espionage, and was convicted of the verdict of not guilty through a retrial procedure.

B. On August 18, 2014, Plaintiff A filed a claim for criminal compensation under the Act on Criminal Compensation and Restoration of Honor (hereinafter “Criminal Compensation Act”) with the Seoul High Court, which held that “The aforementioned Plaintiff shall pay KRW 966,767,600 as compensation for detention, and KRW 4,500,000 as compensation for expenses,” respectively (see, e.g., Supreme Court Decision 2014Da71).

On October 11, 2013, Plaintiff B and C filed a claim for criminal compensation with the Changwon District Court for the payment of KRW 493,540,800 each to Plaintiff B and C (2013co2).

Plaintiff

The Plaintiff F, G, H, I, and J (name before the opening) filed a claim for criminal compensation with the Seoul High Court. On March 28, 2014, “Plaintiff D shall be paid KRW 407,592,00 as compensation for detention, KRW 5,500 as compensation for expenses, KRW 265,74,80 as compensation for detention, KRW 4,500 as compensation for expenses, KRW 4,500 as compensation for detention, KRW 44,258,40 as compensation for detention, KRW 1,000 as compensation for detention, and KRW 44,258,40 as compensation for detention, and KRW 1,00,00 as compensation for expenses, respectively (hereinafter “2013co214”).

(hereinafter “each of the instant compensation decisions,” and according to each of the instant compensation decisions, the Defendant’s compensation to be paid to the Plaintiffs (hereinafter “each of the instant compensation”).

The Defendant confirmed each of the instant compensation decisions, and received a claim for payment from the Plaintiffs on each of the date stated in the separate sheet column of claim on the separate sheet, but delayed the payment of each of the instant compensation for reasons such as budget, etc., and completed the payment at each of the same date indicated in the same sheet of claim on the same date.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, respectively.

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