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(영문) 서울고등법원 2015.07.09 2015나2013636
손해배상(기)
Text

1. Of the judgment of the first instance court, the judgment of remand (Supreme Court Decision 2013Da218767 Decided February 26, 2015) lost the Plaintiffs.

Reasons

1. The scope of the judgment in this Court rendered a claim for damages against the defendant for tort, and the first instance court accepted only a part of the plaintiffs' claims, and dismissed all the rest of the plaintiffs' claims.

The Plaintiffs and the Defendant appealed against the judgment of the first instance court, and the trial prior to the remand partially extended the claims against the Plaintiffs, thereby admitting the rest of the Plaintiffs’ appeal and the Defendant’s appeal.

The plaintiffs and the defendant appealed against the judgment of the court prior to remand. The Supreme Court reversed and remanded the part against the defendant in the judgment prior to remand, and dismissed all the plaintiffs' appeals.

Therefore, the part against the plaintiffs in the judgment before the remand was separately determined, and the scope of the trial after the remand is limited to the part against the defendant in the judgment before the remand.

2. Basic facts

A. AM,N, AO, AP, Q, AR, AS, ATS, AT, AU, AV, AY, AY, AW, Plaintiff AH, and AI (hereinafter “instant Defendants”).

A) On April 1974, the Defendants were forced by the investigators affiliated with the Defendant to proceed to the Central Information Department, etc., and were forced from the investigators affiliated with the Defendant, such as the Central Information Department, etc., or committed any cruel act. Accordingly, the Defendants made false confessions, such as conspiracy of insurrection as members of anti-government organizations. (2) The Defendants were indicted on the charges of violating the National Security Act, the Presidential Emergency Decree, the conspiracy of insurrection, the conspiracy of insurrection, and the violation of public law by organizing an anti-government organization called the National Democratic Youth Federation of Korea (hereinafter referred to as the “National Democratic Youth Federation”), which is an anti-government organization, under the command of the former People’s Revolution (hereinafter referred to as the “Ethic Revolution”), and tried to induce a large scale of riot under the command of the National People’s Revolution (hereinafter referred to as the “AX”).

3. The Defendants of this case are forced as above.

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