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(영문) 대법원 2014.01.29 2013다209916

손해배상(기)

Text

The judgment below

Among the plaintiffs A, B, C, D, and E, the part against the defendants shall be reversed, and this part shall be reversed.

Reasons

1. Judgment on the Defendant’s grounds of appeal

A. Although there are special circumstances where it is impossible to expect the exercise of rights due to de facto disability that prevents the exercise of rights before the expiration of the extinctive prescription, the obligor’s assertion for the completion of extinctive prescription is an abuse of rights against the good faith principle

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to tort liability under Article 766(1)1 of the Civil Act, and did not err by misapprehending the legal principles as to tort liability under Article 766(1)1 of the Civil Act. In so doing, the court below erred by misapprehending the legal principles as to tort liability under Article 766(1)1 of the Civil Act, thereby adversely affecting the conclusion of the judgment of innocence. In so doing, the court below did not err by misapprehending the legal principles as to tort liability under Article 766(1)1 of the Civil Act, as otherwise alleged in the ground of appeal.

Therefore, it is not permissible for the state, which is the debtor, to claim the completion of extinctive prescription as an abuse of rights.

However, in such a case, the creditor shall exercise his right within a period of six months equivalent to the suspension of prescription under the Civil Act from the date of the final judgment of acquittal on which the failure was terminated, barring any special circumstances, and whether he exercised his right within that period.