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(영문) 부산고등법원 2015.04.23 2014나52339
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs ordering additional payment shall be revoked.

The defendant.

Reasons

1. The reasoning for this part of this Court’s explanation is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, and this part of this Court’s reasoning is cited by the main text of Article 420 of the same Act.

2. Occurrence of liability for damages;

A. The plaintiffs' assertion 1) 2 soldiers in the name unexploited box were assaulted by the deceased within the life room, and the deceased was fluent by taking his work clothes on the sports clothes, putting the deceased into the third floor of the sericultural training site building, making him fluor and fluor down his house, cutting the fluor and fluoring his house on the first floor, leading the deceased to read the Military Service Rule while smoking tobacco, and returning to the internal affairs team. The deceased was determined as not to go away from military life. 2) Although the results of the inspection of the deceased could be predicted, the personnel in charge of the defendant did not take measures to return the deceased at the enlistment stage to receive treatment of his mental disease, and did not take measures to prevent the deceased from committing suicide.

3) Even though the Deceased was unable to adapt to the military life due to difficulties such as adaptation disorder, etc. in various tests from the enlistment to the new illness education unit, and even though he could not adapt to the military life properly even during his service, the soldiers belonging to the Defendant did not take measures to properly adapt to the military life, which led to the Deceased’s suicide. (B) According to each description of the evidence No. 1-1, No. 1-2, 3, 7, 74, and 128, according to the deceased’s suicide by alta and cruel acts, even though the deceased died, the deceased was put in the sports uniform at the time of his death; (2) his head part, and uniforms worn at the time of his death, the deceased’s body was discovered.

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