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

The purport of the claim and appeal is the purport of the appeal.

A. The plaintiff was the chairman of the council of occupants' representatives of the same ducheon-si, the 1 and 2nd apartment, and the defendant was the third chairman of the council of occupants' representatives.

B. On October 26, 2014, the Jung-gu District Court sentenced a fine of KRW 300,000 to the Plaintiff on the ground that the Defendant’s 30 residents of the above apartment community center used the A4 paper as hand and read “the additional embezzlement of KRW 200,000 in connection with the defect construction of the apartment was made” and sentenced to a fine of KRW 3 million on the ground that “the Plaintiff’s honor was damaged by openly pointing out false facts” (Article 2016DaDa1704). The Defendant appealed and appealed against this, but all of the appeals and appeals were dismissed, and the said judgment became final and conclusive on December 28, 2017.

(The grounds for recognition), Gap's evidence 1, 2, 11, 12 (including the number of each branch number), the purport of the whole pleadings, and the purport of the whole pleadings. (The grounds for recognition)

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff suffered mental pain due to the Defendant’s above defamation, and thus, sought a payment of KRW 3 million as consolation money to the Defendant.

B. The Plaintiff alleged the Defendant’s assertion that he was at the site of the Defendant’s remarks made on October 26, 2014, and thus, was immediately aware of the damage and the perpetrator caused by defamation. As long as the instant lawsuit was instituted on January 16, 2018, which was three years thereafter, the Plaintiff’s claim for damages against the Defendant was extinguished by prescription.

3. Determination

A. The right to claim damages due to a tort in relevant precedents is extinguished by prescription if the victim does not exercise his/her right for three years from the date when the victim became aware of the damage and the perpetrator (Article 766(1) of the Civil Act), and the "date when the victim becomes aware of the damage and the perpetrator" means the time when the victim actually and specifically recognizes the facts of requirements for the tort, such as the occurrence of the damage, the existence of the illegal harmful act, and the occurrence of the harmful act and the