(영문) 서울고등법원 2019.01.23 2018재누10140

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(영문) 서울고등법원 2019.01.23 2018재누10140

장애보상금청구

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

The husband B, who was the spouse of the Plaintiff, was forced to be led to the Sambu Educational Team and returned to the Sambu Educational Team, and was born due to the blurial injury and mental disorder, etc., and died on May 27, 1993 after having left the Plaintiff, his spouse, C, D, and E as the bereaved family.

B. Upon the enactment and enforcement of the Act on the Restoration of Honor and Compensation for the Victims of Sambu Educational Education, the Plaintiff applied for the payment of compensation on behalf of the bereaved family members, and the Compensation Deliberation Committee (hereinafter “Compensation Deliberation Committee”) decided to pay the Plaintiff 8,723,000 won (26,169,020 x 3/9 x 3/9 x 2/9 x 2/9) by dividing the compensation amount by the inheritance of the bereaved family members to the amount of KRW 8,723,00 (26,169,00 x 26,169,020) on December 14, 2005 (hereinafter “instant decision”).

C. The Plaintiff filed a lawsuit against the Defendant claiming that the Defendant had erred in calculating compensation amounting to KRW 100 million. The Seoul Administrative Court accepted part of the Plaintiff’s assertion on July 5, 2006, and calculated compensation amount to KRW 39,253,535, and divided it into the portion of the Plaintiff’s share of inheritance, and divided it into the portion of the Plaintiff’s share of inheritance, “the Defendant” into KRW 13,084,512 ( KRW 39,253,535 x 3/9 of the share of inheritance) and its portion from February 11, 2006.

7. 5% per annum and 20% per annum from the next day to the day of full payment (hereinafter “the final judgment amount of this case”) shall be paid.

"The judgment (2006Guhap2008) was sentenced, and the judgment of the court of first instance became final and conclusive on March 23, 2007 on March 23, 2007 by the Seoul High Court (2006Nu18050) which dismissed the defendant's appeal although the defendant appealed.

(hereinafter “instant final judgment”) d.

1) The defendant on June 20, 2007 KRW 15,844,80 (13,084) to the plaintiff on June 20, 2007.

참조조문

-삼청교육피해자의 명예회복 및 보상에 관한 법률

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