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(영문) 서울고등법원 2013.09.05 2013나2010930
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows. The third part of the judgment of the court of first instance is "parents", and the first part to the second part of the judgment is "the mother of the deceased was absent at the time when he was aged 6," and the first part of the seventh part of the judgment is as follows. The defendant against Eul, according to the plaintiffs' argument, since the deceased is registered as a person of distinguished service to the State, and the plaintiffs can receive compensation for death pursuant to Article 66 (1) 1 (c) of the Enforcement Decree of the Military Pension Act, it is not allowed to claim compensation of this case pursuant to the proviso of Article 2 (1) of the State Compensation Act which provides for prohibition of double compensation for soldiers, but the defendant's assertion is without merit, since it cannot be concluded that the deceased can be registered as a person of distinguished service to the State only with the reasons for the plaintiffs' assertion, and the defendant's assertion is just in the fourth part of the judgment of the court of first instance and the second part of the judgment."

2. The decision of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.

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