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(영문) 서울중앙지방법원 2015.12.10 2014나54273
손해배상(자)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance other than the following, in addition to the 8th to 13th to 11th of the judgment of the court of first instance. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【The portion used in relation to the defendant company’s claim 1) The State Compensation Act provides that Article 2(1) of the State Compensation Act provides that “if a public official or a private person entrusted with public duties causes damage to another person by intention or negligence in the course of performing his/her duties, or is liable to compensate for damage under the Guarantee of Automobile Accident Compensation Act, the State or a local government shall compensate for such damage pursuant to this Act: Provided, That where a civilian military employee, a military employee, a police officer, or a homeland reserve member is killed in action or on duty in relation to the performance of his/her duties, such as combat training, etc., he/she or his/her bereaved family member may not claim damages under this Act and the Civil Act if he/she or his/her bereaved family member is entitled to receive compensation such as disaster compensation, bereaved family pension, etc. under other Acts and subordinate statutes.” Meanwhile, according to the defendant company’s insurance contract on the defendant vehicle, the State or a local government shall not claim compensation for damages under the proviso to Article 2(1) of the State Compensation Act.”

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