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(영문) 대법원 2015.09.10 2013다73957
손해배상(기)
Text

All appeals by the defendant against plaintiffs C, D, and E are dismissed.

The plaintiffs' appeal and the defendant's appeal against the plaintiff A and B.

Reasons

1. We examine the Defendant’s appeal against Plaintiff C, D, and E.

The final appeal is a claim for revocation and alteration of a judgment disadvantageous to himself/herself in favor of him/her, and the final appeal against the judgment below in favor of him/her shall not be permitted as there is no benefit of appeal

(see, e.g., Supreme Court Decision 2009Da2996, Oct. 13, 2011). According to records, the first instance court partially accepted Plaintiff C, D, and E’s claim, but the lower court revoked the part against the above Plaintiffs among the first instance judgment and dismissed all of the aforementioned Plaintiffs’ claim corresponding thereto.

Therefore, the appeal filed by the Defendant against the above plaintiffs who won the entire winning case is unlawful as it does not have any interest in the appeal.

2. The plaintiffs' grounds of appeal are examined.

According to the main sentence of Article 2 (1) of the former State Compensation Act (amended by Act No. 7584 of July 13, 2005), the State shall compensate for damages caused by a public official's intentional or negligent violation of the statutes in the course of performing his/her duties, and the burden of proof is against the State.

Therefore, in order for the plaintiffs to claim damages due to the death of F, it should be proved that F had caused the death of the plaintiffs due to the illegal performance of duties by other public officials such as the members of the affiliated unit.

B. As to whether F was proved to have died after being transferred to the left chest and the head, after being transferred to the left chest by the head of another unit on the upper chest in the front chest of the new wall headquarters on the date of the instant accident, by the head of the other unit.

(i)The statements of P, Q and BP are made as direct evidence of the F affiliated unit.

P corresponds to the above F's typology by the Committee for Finding Literatures (hereinafter referred to as the "Council for Questions").

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