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(영문) 서울고등법원 2010. 8. 18. 선고 2009나110523 판결
[손해배상(기)][미간행]
Plaintiff, Appellant and Appellant

Plaintiff 1 and three others (Law Firm Dongin, Attorneys Kim principal-hoon, Counsel for the plaintiff-appellant)

Defendant, appellant and appellee

Korea

Conclusion of Pleadings

June 16, 2010

The first instance judgment

Seoul Central District Court Decision 2009Kahap29279 Decided October 15, 2009

Text

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

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

Purport of claim and appeal

1. Purport of claim

The defendant shall pay to the plaintiff 1 67,441,024 won, 64,441,024 won, 3, and 4 each of the above amounts, 5% per annum from December 8, 2008 to the service date of a copy of the application for modification of the purport and cause of the claim of this case, and 20% per annum from the next day to the day of complete payment.

2. Purport of appeal

The plaintiffs: The part against the plaintiffs falling under the part that seeks additional payment under the judgment of the court of first instance shall be revoked.

The defendant shall pay to the plaintiff 1 45,719,104 won, 43,169,104 won, 3, and 44 won, and 5% per annum from December 8, 2008 to July 16, 2009, and 20% per annum from the next day to the day of complete payment.

Defendant: Each part of the judgment of the first instance court against Defendant shall be revoked, and all of the plaintiffs' claims corresponding to the revocation shall be dismissed.

Reasons

1. Quotation of judgment of the first instance;

The reasoning for this court's explanation concerning this case is as follows: "Non-party 7 and 6 of the witness" of the second 2nd 13th e.g., "non-party 7 and non-party 6 of the first instance court"; "the date of a judgment" of the 7th e.g., "the date of a judgment" of the 7th e.g., the 13th e., "the date of a judgment of the first instance court" is "the date of a judgment of the first instance court"; and except for addition of the following matters to the right side of the 4th e.g., "any obligation"

[Supplementary Parts]

“The defendant’s liability is recognized as above, taking into account the circumstances known by the overall purport of the pleading, namely, the limitations of the fact-finding in the military, although there is a lack of evidence to acknowledge this part of the plaintiffs’ assertion.”

2. Conclusion

Therefore, the judgment of the court of first instance is legitimate, and all appeals by the plaintiffs and the defendant are dismissed as it is without merit. It is so decided as per Disposition.

Judge Lee Han-ju (Presiding Judge)

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