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The judgment below
The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined.
1. According to the reasoning of the lower judgment, the lower court cannot be readily concluded that the deceased’s remains were missing on the ground that the deceased’s remains were buried on November 17, 1954, and that the deceased’s remains were missing around that time. In addition, the deceased’s remains were missing around that time.
The Defendant rejected the Defendant’s defense of extinctive prescription, on the ground that there is no evidence as to the loss of, or the commencement of the packing procedure for, the decedent’s remains at least at any specific time, and the Defendant cannot be deemed to have fulfilled the burden of proof as to “when the damage was actually caused,” which is the initial date of the extinctive prescription for the damage claim based on the tort.
2. However, it is difficult to accept the above determination by the court below for the following reasons.
According to the reasoning of the judgment below and the record, the Plaintiff’s mother knew of the death after receiving the deceased’s death notice in 1954. However, the Plaintiff’s mother and the deceased’s mother continued to ask the Myeon office, military unit, and the Military Manpower Administration, etc. for the period of four to five years from her mother, who did not send the decedent’s remains to the school, and sent the decedent’s remains to the Myeon office, military unit, and the Military Manpower Administration, etc. from those related persons, including “if the bereaved family members were to have lost the body and found the body and remains, she would be she?” ② The Plaintiff and the Plaintiff’s mother, etc. sent the remains of the neighboring person’s body to her mother, and ③ the Plaintiff’s mother, upon entering an elementary school, did not participate in the deceased’s body to find the remains any longer, and the Plaintiff’s and the deceased’s birth did not find the deceased’s remains in a remote island with his age and the deceased’s body’s whereabouts to 185.