The soldier's death allowance paid until the closing of argument shall be deducted from the amount of consolation money under the State Compensation Act.

The soldier's death allowance paid at the time of closing argument shall be deducted from the amount of consolation money under the State Compensation Act.

Article 752 of the Civil Procedure Act, Article 41 of the Military Pension Act

Plaintiff

Korea

Seoul citizens' area, Seoul High Court Seoul High Court Decision 201

The part of the original judgment against the defendant regarding consolation money shall be reversed, and the case concerning this part shall be remanded to the Seoul High Court.

The defendant's remaining appeals are dismissed.

The costs of appeal as to this part shall be borne by the defendant.

The grounds of appeal by the defendant litigant are examined.

On June 20, 1967, the judgment of the court below accepted the plaintiff's claim for consolation money, asserting that the defendant should deduct the amount of consolation money to the plaintiff on June 20, 196, because the defendant paid 85,800 won to the plaintiff. However, on the premise that the amount of consolation money paid pursuant to the provisions of the death benefit for military personnel can be referred only to it in determining the amount of consolation money by considering the nature of consolation money paid to the deceased's bereaved family to the deceased's bereaved family in order to do so, the plaintiff can claim consolation money with his own right, and the plaintiff can claim consolation money with his own right, and considering the fact that the plaintiff received consolation money, and all other circumstances shown in the circumstance and arguments of the accident, it is reasonable to pay consolation money to the plaintiff as consolation money.

However, the claimant's right to claim consolation money under the State Compensation Act and the right to claim consolation money under the State Compensation Act are in conflict with each other, so it should be achieved if one of the two claims is satisfied first or is satisfied first, and even thereafter, it should be satisfied with other claims. Thus, the court below should determine the amount of consolation money under the State Compensation Act and recognize only the balance as a claim for consolation money after deducting it from the above amount of consolation money if the death benefit was already paid at the time of closing argument of the court below as in this case as in this case, if the death benefit was already paid at the time of closing argument of the court below, then the court below should consider it as one of the reasons for consideration in calculating the amount of consolation money under the State Compensation Act. The court below considered that this part of the part of the court below's judgment against the defendant as to the claim for consolation money under the State Compensation Act is reversed, and the case is remanded to the Seoul High Court, and the remainder of the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices by the assent of all participating Justices.

The judge of the Supreme Court of the Republic of Korea (Presiding Judge) Mag-Jak Kim Jong-young Kim Young-ho