손해배상(기)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if all the evidence submitted in this case are examined, the fact-finding and judgment of the court of first instance are justifiable. Thus, the reasons for the judgment of the court of first instance pursuant to the main sentence of Article 420 of the
In addition, the defendant asserts that the extinctive prescription of the plaintiffs' claims has already been completed, and this is also examined.
First, in the trial process of the Suwon District Court loan case No. 96Gahap3442, the plaintiffs asserted that the plaintiff Gap who was the party to the lawsuit at the time of the occurrence of the unlawful act by forging the receipts of this case (A2), and that the plaintiffs suffered damages therefrom. The plaintiffs filed the lawsuit of this case against the defendant who is the State, claiming compensation for state tort under Article 2 (1) of the State Compensation Act or damages under Article 760 of the Civil Act, which is caused by the public official's official's official's unlawful act.
However, a claim for damages under Article 2 (1) of the State Compensation Act or a claim for damages against the State due to a tort shall be extinguished by prescription, if the victim fails to exercise it for three years from the date on which he/she becomes aware of the damage or the perpetrator, or if it is not exercised for five years from the date of tort, pursuant to Article 96 of the National Finance Act, Article 766 of the Civil Act, and Article 8 of the State Compensation Act.
(See Supreme Court Decision 2004Da33469 Decided May 29, 2008, and Supreme Court Decision 2013Da23211 Decided June 27, 2013). Meanwhile, the court officials (or the Defendant) who serve as the basis of the Plaintiffs’ claims constitute tort is the Suwon District Court in light of the aforementioned allegations by the Plaintiffs.