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(영문) 서울중앙지방법원 2012.08.29 2011가합96371
손해배상(기)
Text

1. The Defendant’s KRW 564,232,063 as well as 5% per annum from March 1, 1981 to May 22, 2012 to the Plaintiff.

Reasons

1. On March 17, 2009, the defendant filed a lawsuit against the defendant for damages claiming consolation money of KRW 800 million with the Seoul Central District Court 2009Gahap29804 on March 17, 2009. At the time, the plaintiff did not have filed a claim for consolation money of KRW 200 million on the part of the plaintiff, claiming consolation money of KRW 800,000. At the time, the plaintiff did not claim for consolation money of KRW 200,000 on the part of claiming consolation money of property damages in the future. In the previous lawsuit, all active and passive damages are

In claiming damages against a tortfeasor on the ground of tort, the damages which constitute the subject matter of lawsuit are divided into three categories: active property damage, passive property damage resulting from loss of lost profit, and mental damage resulting from mental suffering (defensive materials); each subject matter of lawsuit is treated separately. In full view of the descriptions in the evidence No. 1, No. 2-1, and No. 2-3, the judgment in the prior suit is obvious that the judgment in the prior suit is against the claim for the payment of consolation money for mental damage out of the defendant's tort. On the other hand, the claim sought by the plaintiff in the lawsuit in this case does not conflict with the res judicata effect of the previous suit seeking consolation money for mental damage, because it is apparent in the record that the defendant would compensate the plaintiff for the passive property damage suffered by the plaintiff on the ground that the defendant committed the tort as set forth below.

Therefore, the defendant's main defense is without merit.

2. Occurrence of liability for damages;

A. 1) On November 26, 1974, the General Law Meeting of the Army: (a) convicted all of the plaintiffs who were detained on the charge of the following charges during military service, and sentenced five years of imprisonment with prison labor and suspension of qualification for insurrection and violation of anti-public law (hereinafter referred to as “the instant case”).

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