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(영문) 서울행정법원 2017.05.26 2016구합7705
장애보상금청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B, who is the husband of the Plaintiff, was forced to be led to the Sambu Educational Team, and returned to the Sambu Educational Team, and died on May 27, 1993, and died on May 27, 1993. The Plaintiff, the spouse, and C, D, and E, the surviving family members of B, who are the spouse.

B. Upon the enactment and enforcement of the Act on the Restoration of Honor and Compensation for the Victims of Sambu Educational Education, the Plaintiff applied for the payment of compensation on behalf of the bereaved family members, and the Compensation Deliberation Committee (hereinafter “Compensation Deliberation Committee”) decided to pay the Plaintiff 8,723,000 won (26,169,020 x 3/9 x 3/9 x 2/9 x 2/9) by dividing the compensation amount by the inheritance of the bereaved family members to the amount of KRW 8,723,00 (26,169,00 x 26,169,020) on December 14, 2005 (hereinafter “instant decision”).

C. The Plaintiff filed a lawsuit against the Defendant claiming that the Defendant had erred in calculating compensation amounting to KRW 100 million. The Seoul Administrative Court accepted part of the Plaintiff’s assertion on July 5, 2006, and calculated compensation amount to KRW 39,253,535, and divided it into the portion of the Plaintiff’s share of inheritance, and divided it into the portion of the Plaintiff’s share of inheritance, “the Defendant” into KRW 13,084,512 ( KRW 39,253,535 x 3/9 of the share of inheritance) and its portion from February 11, 2006.

7.5. Payment of 5% per annum and 20% per annum from the next day to the day of full payment.

"The judgment (2006Guhap2008) was sentenced, and the judgment of the court of first instance became final and conclusive on March 23, 2007 on March 23, 2007 by the Seoul High Court (2006Nu18050) which dismissed the defendant's appeal although the defendant appealed.

(hereinafter “instant final judgment”) d.

The defendant on June 20, 200 15,84,80 won [258,105 won (13,084,512 won x 5% x 5% x delay damages until the date of repayment 144/365 x 2,502] to the plaintiff on June 20, 2007.

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