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(영문) 서울고등법원 2015.02.17 2014재누183
보상금
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

Reasons

1. Determination of the original judgment and the following facts are apparent in records. A.

After the defendant's husband who was the defendant's husband, B returned to the Sambu Educational Team, he was forced to go back to the Sambu Educational Team, and died on May 27, 1993, and there was C, D, and E, the spouse of the defendant and his child, who is the spouse, as the bereaved family of B.

B. Upon the enactment and enforcement of the Act on the Restoration of Honor and Compensation for the Victims of Three Educational Education, the Defendant applied for the payment of compensation on behalf of the bereaved families. On December 14, 2005, the Compensation Deliberation Committee decided to pay the Defendant, C, D, and E a total of KRW 26,169,020 [the Defendant: KRW 8,723,00 (26,169,020 x 3/9,000 in inheritance x less than 3/9,000 in inheritance x 5,815,340 (26,169,020 x 22/9,020 x less than 22/9,9,000 in inheritance inheritance x below 2/9,000)] for the injury, mental disorder, and chronic disease caused by Three Educational Education (hereinafter “instant decision”).

C. The Defendant brought a lawsuit against the Plaintiff by asserting that the subject matter of the instant decision and the criteria for calculating the compensation amount were wrong, and the Seoul Administrative Court partially accepted the Defendant’s claim on July 5, 2006, and calculated the total amount of compensation due to Samang education at KRW 39,253,535, and then “the Plaintiff” was calculated as KRW 13,084,512 ( KRW 39,253,535 x 3/9 of inheritance portion x below KRW 3/9 of inheritance portion) and its corresponding year from February 11, 2006.

7. The judgment(206Guhap2008, hereinafter the "the judgment of this case") that paid 5% per annum and 20% per annum from the next day to the day of full payment was rendered, and the plaintiff's appeal was dismissed. Accordingly, the judgment of this case was finalized on March 23, 2007.

The defendant was granted the execution clause to the judgment of this case on September 7, 2007, and the Compensation Deliberation Committee for the Restoration of the Restoration of Educational Victims and the Compensation Deliberation Committee shall file an objection with the defendant on June 20, 2007.

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