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(영문) 대법원 2015.05.14 2014다213691
손해배상(기)
Text

Among the part against the Defendant of the lower judgment, the amount of consolation money of Plaintiff AE, Plaintiff AF, Plaintiff AG, Plaintiff AH, and Plaintiff AI.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court determined that the Defendant was responsible for compensating the persons who have made the sacrifice of this case and their bereaved family members, on the ground that the police and soldiers belonging to the Defendant were killed by driving the victims of this case without undergoing lawful procedures, as stated in its reasoning.

Examining the record, the lower court’s recognition and determination is justifiable. In so doing, it did not err by misapprehending the legal doctrine on the principle of evidence judgment and the burden of proof, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

2. As to the ground of appeal No. 2, based on its reasoning, the lower court determined that the Plaintiffs exercised their rights within the period of exclusion from the Defendant’s defense of extinctive prescription, on the grounds that, although the instant lawsuit was filed at the time when 1 year and 10 months, and 2 years and 5 months elapsed from the date of the truth-finding decision by the Committee on the Settlement of History, the period of short-term extinctive prescription was filed within 3 years, and that there was a special circumstance to deem that the Plaintiffs

Examining the record, the above judgment of the court below is just, and there is no error of law by misunderstanding the legal principles as to the extinctive prescription.

3. On the ground of appeal No. 3, the lower court determined that, on the grounds indicated in its reasoning, the police officer affiliated with the Defendant was liable to compensate for mental damage suffered by the Plaintiff BG, who is the deceased I’s friendly spouse, by murdering the Plaintiff I without undergoing due process.

Examining the record, the above recognition and judgment of the court below are just, and there is no violation of law by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

(2) As to the portion of the deceased EV’s share of consolation money, the lower court determined the deceased BA.

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