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(영문) 서울고등법원 2014.10.16 2014나2011725
손해배상금
Text

The part against the plaintiff in the judgment of the first instance, including the plaintiff's claim expanded in the trial, is as follows.

Reasons

Basic Facts

On August 27, 1950, when the 625 War was in progress, the government established the 11st Team of the Republic of Korea for the purpose of prompt crypation in the later bank area, and the 20 solidarity of the 11st group of the above 11th group of the armed forces from October 7, 1950 to March 31, 1951.

The soldiers belonging to the 20th National Assembly did not go through legitimate procedures by covering the suspicion that they resided in the area subject to search or cooperate with some civilians living in the area where the search was conducted as soon as possible.

(2) On March 16, 2009, the lower court determined that the Defendant’s investigation, reference witness investigation, data, and on-site investigation was conducted after receiving an application to verify the truth regarding the case of the 11st Incident in the southnam region from December 21, 2005 to November 30, 2006, and that the Defendant’s investigation, reference witness investigation, data, and on-site investigation was conducted on the part of the 11st Investigation Committee established by the Framework Act on the Settlement of History (hereinafter “the Act”).

The deceased’s bereaved family members had father HP, Mo HR, Nusa DaH, East DI, and Q. The father’s HP died on January 29, 195, and the mother’s HR died on August 20, 199.

On the other hand, H Q died on October 15, 1985 and succeeded to the rights and obligations of Plaintiff DJ (hereinafter “DJ”), Plaintiff DJ (hereinafter “DL”), Plaintiff DL (hereinafter “DL”), Plaintiff, his wife, and Plaintiff DM (hereinafter “DM”) before remanding the case.

[Ground of recognition] The deceased is a victim of the 11st Incident in the report of the past History Settlement Commission as to whether the deceased was a victim of the 11st Incident in the south area, and the overall situation of the cases and the times, as to whether the evidence Nos. 1, 50 through 58, and 6-1 of the evidence Nos. 6-1, and the purport of the whole pleadings.

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