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(영문) 서울고등법원 2014.12.10 2014나2020965
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. At the time of the Korean War, the Plaintiff entered the Republic of Korea on March 1948. At the time of the Korean War, the Plaintiff was serving in the Army Headquarters C located in Seoul on June 25, 1950. On June 28, 1950, when the Korean War was launched, the Plaintiff was serving in the Army Headquarters C located in the Republic of Korea. On June 28, 1950, the Plaintiff was deprived of the Han River Inter-Korean War. On July 10, 1950, the Plaintiff was transferred to the National Assembly of North Korean People's Republic of Korea under the name of "D," referring to the private ties of H on July 14, 1950. (2) On July 14, 1950, the Plaintiff was dissolved as it was no longer remaining in the North Korean Army located in the North Korean War.

Accordingly, on August 24, 1950, the plaintiff applied for the incorporation into North Korean People's Republic of Korea. The plaintiff was transferred to North Korean People's Republic of Korea as a sanitary disease of the first master group of North Korea.

3) On August 25, 1950, the Plaintiff heard that the People’s Republic of Korea will engage in a total attack in around September of the same year. Since then, the Plaintiff obtained various military information on the so-called “nine-month total taxes”, such as the time of attack by the North Korean army, and the assignment of military units, such as gathering the attacks in the name of the commander, etc. Accordingly, on August 31, 1950. (4) On September 1, 1950, the Plaintiff went to the armed forces located near the North Korean army located near the Daldong-gun, the Plaintiff returned to the Republic of Korea on September 1, 1950, the information on the “the total taxes of the North Korean army” of the North Korean army, and returned to the Busan metropolitan branch.

B. On September 11, 1950, the Plaintiff, including the investigation and trial process against the Plaintiff, was arrested as a counter-espionage by a military police officer of North Korea on September 11, 1950.

The plaintiff was investigated by a military police investigator belonging to the military police headquarters, and was subject to cruel acts such as violence, etc., and the interrogation protocol of the plaintiff prepared by the relevant military police investigator shall be prepared by the North Korean military prosecutor from the North Korean military commander to commence the attack.

The National Armed Forces has been under the command of providing information.

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