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(영문) 부산고등법원(창원) 2017.11.23 2016나21769
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning this case is the same as the part of the reasoning of the first instance judgment, except for the case as stated in paragraph (2). Thus, this is acceptable as it is by the main sentence of Article 420 of the Civil Procedure Act.

2. The dismissal of the judgment of the court of first instance is based on the following two pages of the judgment of the court of first instance (3-11).

1. Determination on the cause of the claim

A. In full view of the following circumstances, comprehensively taking account of the descriptions of Gap evidence Nos. 1 through 5 (including each number, if any) and the testimony of the witness E of the court of first instance, the fact that the plaintiff's father B was illegally killed in the forest in the west-gun of the Korean War on October 20, 1950, which was after the people's occupation of the area of the Jeonnam-do, which was occupied by the National People's Republic of Korea during the Korean War, but the police again recovered by the police.

① Some of the residents living in all Myeon-gun were killed by each police on the ground that, from 1947 to 1951, on the grounds of the following suspicions: (a) from around October 1950 to around October 1951, 1951, he was killed by the police for the following reasons: (b) from around 1950 to around 1951, he was killed on the ground that she had left the house without having any escape during the period of occupation of the People’s Republic of Korea; or (c) he returned to the land after having taken place at the after having taken place at the after having taken place at the police station at the early October 1950 (hereinafter “the case of sacrifice by the civilian who was living in Hado-gun-gun.”). (d) around that time, she was aware that she was killed in the Hado-gun-gun area in the Hado-gun of 1950 on the Hado-gun area.

“A confirmation letter of fact,” the same G, “B, at the end of November, 1950, was killed by the police officer in the fluorary fluoral forest in the fluoral fluoral site, and his father I recovered the body, and was on the fluoral.

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