beta
(영문) 서울중앙지방법원 2014.04.17 2013가단173176

손해배상

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On June 27, 2003, the Defendant asserted that the Plaintiff appeared as a witness of the High Court Case (Seoul District Court 2001Kadan11009, Seoul District Court 2001) and testified after being sworn as a witness, and there was a perjury as shown in the attached Table. As such, the Defendant claims compensation for damages totaling KRW 89 million, including the attorney appointment fee due to the above tort, and emotional distress amounting to KRW 9 million.

2. The defendant's assertion of the statute of limitations defense against the defendant is acknowledged, even if it is acknowledged that the plaintiff's assertion of the above tort has been made, the claim for damages caused by the tort has been completed by the short-term extinctive prescription of

"Date on which the injured party becomes aware of the injured party and the perpetrator" under Article 766(1) of the Civil Act, which is the starting point of the short-term extinctive prescription of the right to claim damages due to a tort, means the time when the injured party actually and specifically recognized the elements of the tort, such as the occurrence of the damage, the existence of the illegal harmful act, and the proximate causal relation between the harmful act and the occurrence of the damage. Whether the injured party, etc. is deemed to have actually and specifically recognized the facts of the requirements of the tort should be reasonably acknowledged in consideration of various objective circumstances

(2) In light of the purport of the entire pleadings in the written evidence No. 4-1, 3, and 7 of April 24, 2008 (see, e.g., Supreme Court Decision 2006Da30440, Apr. 24, 2008). In full view of the purport of the entire pleadings, the plaintiff filed a complaint against the defendant in the above written evidence No. 4-1, 3, and 7, and the defendant appeared and testified after being sworn as a witness of the case against the plaintiff on June 27, 2003, the facts are 2,10,000 won per ton in the written estimate that the defendant and the plaintiff first received from the plaintiff.