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(영문) 서울중앙지방법원 2017.01.13 2016나36248
사업기금 및 합의금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. As a result, the past History Settlement Commission rendered a decision on June 7, 2007 to commence the investigation on the case of the civilian sacrifice in the area of Bosong Ho-An that had been established from around 1948 to 1950, and conducted the investigation on the applicant, the witness investigation, data investigation, and the on-site investigation. 2) As a result, the past History Settlement Commission confirmed the victims of the civilian sacrifice in the area of Bosong Ho-An who suffered from the 1948 to 1950, based on the transcript of the evidence, whether to recover the body, and the witness statement.

B. 1) Defendant B filed a lawsuit against the Defendants on the grounds of the truth-finding decision as seen above, Defendant C’s son’s birth, Defendant C’s son, and Defendant D’s son. Based on the above fact-finding decision, the Defendants decided to file a lawsuit against the Republic of Korea seeking compensation for damages, stating that “the Defendants, who committed a tort committed by the soldiers and the police belonging to the Republic of Korea without any legal procedure against the victims and their bereaved family members, are responsible for compensating for damages because they suffered emotional distress.” However, the Defendants, the bereaved family members of the Bosung-An area’s civilian sacrifice case, also filed a lawsuit against the Defendants on around 2012, stating that “The outcome of the lawsuit was far earlier than that of the execution of the lawsuit.” Meanwhile, the Defendants sent the “case delegation contract” under the name of the above Bapian, and the “Agreement and consent agreement” were sent to Defendant B, and the Defendants sent the said agreement to Defendant D again and affixed their seal imprints to each of the above documents.

Of the above “instant delegation contract” (hereinafter “instant delegation agreement”), “agreement and written consent,” and “agreement” (hereinafter collectively “instant agreement”), this case is applicable.

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