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(영문) 서울중앙지방법원 2013.02.08 2012가합19388
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 10, 1950, in the Korean War, the case was brought about by the residents of the area in Gyeyang-gun, Mayang-gun, the 11st century, the 20th century, the 11st century, and the 12th century, where the residents of the area in the Jeonyang-gun, the Republic of Korea were serving in prison without following lawful procedures, such as a trial, etc. (hereinafter “the case in the Jeonyang-gun area”).

B. On March 16, 2009, the committee for the settlement of truth established pursuant to the Framework Act on the Settlement of History for the Settlement of Truth (hereinafter “The Committee for Settlement of Truth”) received an application for the verification of truth from the persons involved in the 11st Incident in the Jeon-nam area, and conducted a truth-finding decision on March 16, 2009, stating that “the military personnel made a sacrifice by 291 residents of Jeonyang-gun, Mayang-gun, Masung-gun, Masung-gun, and Young-gun.”

C. The Plaintiffs and the designated parties are the bereaved family members of A, B, C, D, E, F, G, H, I, and J (hereinafter “instant sacrifers”) who were confirmed as victims in the truth-finding process on the 11st Incident in the south area.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 10, purport of whole pleadings

2. The parties' assertion

A. The Defendant’s soldier asserted that the Plaintiffs died in a group without any verification procedure or legal basis for the victims of this case. The Defendant, as a supervisor of the soldiers, is responsible for compensating the victims of this case and their bereaved family members for damages caused by the unlawful act committed by the soldiers during the course of performing their duties.

The plaintiffs are consolation money for mental damage suffered by the victims of this case and their bereaved family members due to the above tort, based on 300,000,000 won respectively, 150,000,000 won each of their spouses, 50,000,000 won each of their children, and 30,000,000 won each of their children, and 30,000,000 won each of their brothers and sisters, and the consolation money inherited from each of the victims of this case and their bereaved family members shall be included in the list of claims by the plaintiff 2 and each of them.

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