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(영문) 서울고등법원 2015.10.22 2015나2015816
손해배상(기)
Text

1. Of the judgment of the first instance court, the part against the plaintiffs is modified as follows. A.

The defendant is respectively against the plaintiff D, G, and J.

Reasons

1. The scope of trial after remanding the case (attached Form);

2. Attached Form 2 (hereinafter referred to as "attached Table"), such as the amount claimed by each plaintiff jointly in the first instance trial;

2. The expression "the vote";

The “amount of final award in the first instance trial prior to the transmission” stated in the “amount of the plaintiffs’ respective claims are dismissed in its entirety. Each of the claims of the joint plaintiffs in the first instance trial prior to the remanding of part of the claims by the plaintiffs and the joint plaintiffs in the first instance trial filed an appeal against the part against them. The defendant also filed an appeal against the part against the joint plaintiffs in the first instance trial other than the plaintiffs.

In this regard, the Supreme Court accepted the appeal by the plaintiffs and reversed the part against the plaintiffs in the judgment before the remand, and remanded the part to this court. The appeal by the above A, B, and C and the defendant's appeal were dismissed, and the part against the joint plaintiffs in the judgment of the first instance except the plaintiffs was separated and finalized.

Therefore, the scope of the trial of the party shall be the parts of the reversal and return, i.e., the attached Form

2. The term "amount of award in the first instance trial" and "amount of appeal" of the plaintiffs are limited to each of the money stated in the table.

2. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance (Provided, That the part against the joint plaintiffs of the court of first instance other than the plaintiffs is excluded), and they are cited by the main sentence of Article 420 of the Civil Procedure Act.

3. Determination as to the defendant's prior defenses against plaintiffs D, E, and F

A. With respect to the lawsuit of this case by the above plaintiffs, who are the wife (Plaintiff E, and F) or children (Plaintiff E, and F) of the joint plaintiff A in the first instance trial on the summary of the defendant's assertion, the defendant consented to the decision of compensation, etc. under the Act on the Restoration of Honor of and Compensation for Persons Related to Democratization Movement (hereinafter "Act on the Compensation for Democratization Movement") in relation to democratization movements, and thereby, Article 18 of the Act on the Compensation for Democratization Movement.

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