손해배상(자)
1. The Defendant’s KRW 176,034,880 for the Plaintiff and 5% per annum from September 24, 2011 to April 20, 2016.
1. Occurrence of liability for damages;
A. On September 24, 201, on September 19:35, 201, the network C (hereinafter referred to as “the network”) moved 68 km points of the upper parallel line of the Denpung-dong Highway at a speed of 100 km between the three-lanes of the Gyeonggi-do E-Road (hereinafter “instant vehicle”). Around September 19:35, 201, the network C (hereinafter referred to as “the network”) moved 68 km points of the parallel line of the Denpung-dong Expressway Highway at a speed of 100 km in one way among the three-lanes of the said vehicle, and died by shocking
(hereinafter “instant accident”). Meanwhile, D, a driver, died of the instant accident.
B. The plaintiff is the father of the deceased, and the defendant is the father of D and the owner of the instant vehicle.
C. Since the instant accident occurred due to the operation of the instant vehicle, the Defendant is liable to compensate the Plaintiff for damages caused by the instant accident.
[Ground of recognition] Each entry of Gap evidence 1 to 4, Eul evidence 1 to 3 (including branch numbers for those with serial numbers)
- The purport of the whole pleadings
2. The Defendant asserts that the statute of limitations expired since the Plaintiff filed the instant lawsuit from September 24, 201, which was the date when the instant accident occurred, on March 18, 2015 when three years elapsed since September 24, 2011.
Article 766(1) of the Civil Act, which serves as the starting point of the short-term statute of limitations for the claim for damages due to a tort, means the time when the victim, etc. has actually and specifically recognized the facts of requirements for the tort, such as the occurrence of damages, the existence of an illegal harmful act, and proximate causal relationship between the harmful act and the occurrence of damages. Whether the victim, etc. has actually and specifically recognized the facts of requirements for the tort should be reasonably acknowledged by taking into account various objective circumstances in individual cases and taking into account circumstances practically possible.
Supreme Court Decision 2011Da54686 Decided November 10, 201, Supreme Court Decision 2011Da54686 Decided November 10, 201.