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1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.
Reasons
1. Basic facts
A. On November 10, 1950, in the Korean War, the case was brought about by the residents of the area in Gyeyang-gun, Mayang-gun, the 11st century, the 20th century, the 11st century, and the 12th century, where the residents of the area in the Jeonyang-gun, the Republic of Korea were serving in prison without following lawful procedures, such as a trial, etc. (hereinafter “the case in the Jeonyang-gun area”).
B. On March 16, 2009, the committee for reorganization of past history for the settlement of truth established in accordance with the Framework Act on the Settlement of History for the Reconciliation of Truth (hereinafter “The Act”) received an application for ascertaining the truth from the persons related to the 11st Incident in the area southnam, and conducted a truth-finding survey on the case on March 16, 2009, stating that “the 291 residents of the Jeonyangyang-gun, the Masung-gun, the Masan-gun, and the Young-gun were sacrificed by soldiers.”
C. The Plaintiffs and the designated parties are the bereaved families of the Defendants, B, C, D, E, F, G, Q Q ("H"), I, and J (hereinafter "sacrifers of this case"), which were confirmed as the victims of the Yayang-gun, the Yayang-gun, the Yaeong-gun, the Yaeong-gun, the Yaeong-gun, the Yaeong-gun, and the Y (hereinafter "the sacrifers of this case").
[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, evidence 14, and evidence 27 through 36 (including each number; hereinafter the same shall apply), Eul's testimony and the purport of the whole pleadings
2. Establishment of liability for damages;
A. 1) The Defendant’s soldier’s assertion 1) murdered the instant victims without any verification procedure or legal basis. The Defendant, as a supervisor of a soldier, is responsible for compensating the victims of the instant case and their bereaved family members for damages incurred by his own illegal acts committed during the course of performing his/her duties. 2) The Defendant’s assertion is mainly based on the victim’s bereaved family or witness’s statement for the purpose of historical settlement of the Defendant’s assertion.