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(영문) 대법원 2014.12.24 2013다211667
손해배상(기)
Text

Of the part of the lower judgment against the Defendant, the part of the damages due to the Plaintiff’s death of Telecommunication, DU, and DV, and Plaintiff CA, CB, andCC.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Regarding ground of appeal No. 1

A. (i) The principle of free evaluation of evidence, which is declared by Article 202 of the Civil Procedure Act, refers to the dismissal from the formal and legal evidence rules, and it does not mean that the judge's arbitrary judgment is not accepted. Thus, the determination of the truth of the assertion should be made in accordance with logical and empirical rules, based on legitimate evidence that is admissible through legitimate evidence examination procedures, based on the ideology of social justice and equity. Although the recognition of fact belongs to the discretion of the fact-finding court, it shall not escape from such restrictions.

(2) On January 31, 1951, the military police and the military forces conducted investigations into the truth of the State Armed Forces (hereinafter “former Framework Act”) with U.S., V, W, etc., and 201, the military police and the military forces conducted the investigation into the truth of the State Armed Forces (hereinafter “former Framework Act”) in the period from December 22, 1950 to March 1951, 200.

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