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(영문) 제주지방법원 2017.12.15 2016가단57894

손해배상(건)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On September 18, 2011, the Defendant asserted that he was the Plaintiff’s head by shouldering beer’s disease, fluoring the Plaintiff’s timber, again reaching knife and knife the knife and knife, and the Plaintiff’s head was calculated due to other knife bottles.

After that, the defendant's mother-child and the deceased-child relationship found the plaintiff and provided the 30 million won agreed upon with the plaintiff, and the agreement was defective.

The plaintiff suffered the face and the upper part of the above case, and there is a chest.

Therefore, the Defendant is obligated to pay the Plaintiff the sum of KRW 71,550,000,00, including the agreed amount, operating expenses at the time, income loss, future medical expenses, hospitalization expenses, delay damages, etc.

B. According to the written evidence Nos. 4 and 5, the Defendant is recognized as having caused the Plaintiff’s face value to the knife knife and the knife on the knife and the knife on the knife of the knife (hereinafter “instant accident”).

Therefore, barring special circumstances, the Defendant is obligated to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident.

However, it is not sufficient to acknowledge that the Plaintiff and the Defendant agreed to exchange the agreed amount of KRW 30 million with respect to the instant accident only with the descriptions of Gap evidence Nos. 11 through 14, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's claim for the payment of agreed amount is without merit.

2. The defendant asserts that since the defendant filed the lawsuit of this case after the lapse of a long time from the time when the accident of this case occurred, the plaintiff's right to claim damages has expired by prescription.

The claim for damages caused by a tort shall be extinguished by prescription if it is not exercised within three years from the date on which the injured party or his legal representative becomes aware of the damage or the perpetrator (Article 766(1) of the Civil Act). As seen earlier, the accident of this case occurred on September 18, 201, and unless there are special circumstances, the Plaintiff shall be the damage and its legal representative on the date on which the accident of this case occurred.