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(영문) 서울고등법원 2015.12.09 2015나2001961
손해배상(기)
Text

1. Plaintiff A, AB, AC, AD, AE, AF, AG, AH, AI, AJ, and AJ, corresponding to the amount ordered to be paid under the following among the judgment of the first instance.

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in the reasoning of the judgment of the court of first instance, except where the “Attachment 1. Inheritance Relations and Claim Amount List” in Part 4 of the judgment of the court of first instance is “Attachment 1. Inheritance Relations and Prize Amount List”, and therefore, it is identical to the corresponding part of the judgment of the court of first instance. Therefore, it is acceptable in accordance with the main sentence of

2. As to the Deceased except for the net BF

A. The deceased, except the Plaintiff AK, AL, AM, and NN, was illegally killed by a soldier or police officer who was employed by the Defendant at the time of the outbreak of the Korean War on the ground that the deceased was a so-called so-called dysar criminal.

Therefore, the defendant is obligated to pay the plaintiffs (excluding plaintiffs AK, AL, AM, andN related only to the network BF) who are the bereaved family members of the above deceased in attached Form 1. The defendant is obligated to pay damages for delay for each of the above amounts in the claim amount column in inheritance relation and the prize amount table.

(2) (A) On the sole basis of the fact that there was a decision on the confirmation or presumption of the victims of the past History Settlement Commission, the said person, without examining the relevance, credibility, etc. of the basis for the recognition, became final and conclusive without any room for dispute over the fact that all the victims were victims of tort by military personnel, police, etc., and thus, cannot be said to have been recognized as tort liability of

However, the investigation report by the past History Settlement Board is an important evidence in civil litigation claiming damages against the State (see, e.g., Supreme Court en banc Decision 2012Da202819, May 16, 2013). (B) First, based on the above legal doctrine, whether the rest of the deceased, other than the net BF, can be recognized as a person killed due to death, such as Gwangju District Office, barring special circumstances.

In the past, all the deceased except for the net BF by the History Settlement Board, shall be the Gwangju District Office.

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