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(영문) 서울고등법원 2017.01.20 2016나2046909
손해배상(기)
Text

1. The Supreme Court of the first instance judgment, including the plaintiffs' claims extended and reduced in the trial before remand.

Reasons

1. With respect to the portion of the claim for consolation money that was inherited by Plaintiff AB and AC before the remanding of the case, the court below held that Plaintiff B and C, the victim of this case, were the parents of the above plaintiffs, and the victim victim victim victim victim victim Gap, victim victim victim Gap, E, F, and their siblings. The victim victim victim victim Gap, the victim victim Gap, the victim victim Eul, and Eul, and other victims except the victim himself, suffered from mental suffering due to the sacrifice of the victim victim victim victim victim Eul, E, and F, and thus, the court below held that the above plaintiffs inherited the claim for consolation money.

As to the defendant's appeal against this, the Supreme Court reversed only the portion of the remaining consolation money, excluding consolation money, due to the death of the deceased, B, and C, among the part against the defendant against the plaintiff AB, and AC, and remanded it to this court. As such, the remaining part of the plaintiffs' claim, excluding the above reversed part, was separated and finalized according to the above decision of the Supreme Court for reversal and transmission

Therefore, the subject of the judgment of this court is limited to the above reversed and remanded portions (the amount of the claim for the reversed and remanded portions is the same as stated in the purport of the claim). 2. Basic facts

A. On November 10, 1950, in the Korean War, the case was brought about by the residents of the area in Gyeyang-gun, Mayang-gun, the 11st century, the 20th century, the 11st century, and the 12th century, where the residents of the area in the Jeonyang-gun, the Republic of Korea were serving in prison without following lawful procedures, such as a trial, etc. (hereinafter “the case in the Jeonyang-gun area”).

B. The committee for the reorganization of past history for the settlement of truth established pursuant to the Framework Act on the Settlement of History for the Settlement of Truth (hereinafter “the Act on the Settlement of History”) (hereinafter “the committee for the settlement of truth”) shall receive an application from the persons involved in the 11st Incident in the area south, and investigate the case by soldiers on March 16, 2009.

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