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The judgment below
Of the attached list Nos. 1 through 50, 65 through 94, 99 through 105, the defendant against the plaintiffs.
Reasons
The grounds of appeal are examined.
1. As to the Defendant’s ground of appeal
A. In a case where a public prosecution was instituted based on evidence, etc. collected during an investigation and a judgment of innocence became final and conclusive after the existence of grounds for retrial was revealed, and the judgment of innocence became final and conclusive in the retrial procedure, it shall be deemed that there is a de facto obstacle that the obligee cannot expect the State to claim damages until the judgment of innocence becomes final and conclusive. Therefore, the State’s assertion for the completion of extinctive prescription cannot be allowed as an abuse of rights. However, in such a case, barring any special circumstance, the obligee shall exercise his/her right within 6 months equivalent to the suspension of prescription under the Civil Act from the date when the judgment of innocence becomes final and conclusive, and as a matter of principle, whether there was exercise of rights within such period, based on the date on which the obligee filed a lawsuit seeking damages. However, even if the obligee did not file a lawsuit within such period, the period of 20 months from the date of final and conclusive judgment and the period of 13 months from the date on which the judgment of innocence was rendered cannot be seen as 20 months from the date of final and conclusive judgment.