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(영문) 대법원 2016.5.12.선고 2014다230597 판결

손해배상(기)

Cases

2014Da230597 Compensation (as referred to)

Plaintiff, Appellant

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2

3

4

5

6

7

8

9

10. J

11. K;

12. L.

13. M;

Defendant, Appellee

Korea

Judgment of the lower court

Seoul High Court Decision 2014Na2001704 Decided October 17, 2014

Imposition of Judgment

May 12, 2016

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

According to the reasoning of the lower judgment, the lower court determined that the Defendant’s defense of extinctive prescription did not constitute an abuse of rights on the grounds that it cannot be deemed that the Plaintiffs exercised their rights within a reasonable period that could prevent the Defendant from protesting against the extinctive prescription period. In light of the relevant legal principles and the evidence adopted by the lower court, the lower court’s determination is justifiable, and contrary to what is alleged in the grounds of appeal,

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jae-young

Justices Kwon Soon-il

Justices Park Byung-hee

Justices Park Poe-young

Justices Kim Jae-han

심급 사건
-서울중앙지방법원 2013.12.17.선고 2013가합535962