2017Da262892 Compensation for damages

A Stock Company

Attorney Yoon Nam-ho et al., Counsel for the defendant-appellant

B Stock Company

Seoul Central District Court Decision 2016Na83107 Decided August 25, 2017

December 12, 2019

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court rejected the Defendant’s assertion that the Plaintiff’s claim for payment of customs duties in lieu of the Plaintiff ought to be subject to the short-term extinctive prescription of one year pursuant to Article 122 of the Commercial Act. In light of the relevant legal principles and records, the lower court’s aforementioned determination is acceptable, and there is no error of misapprehending the legal principles as to Article 122 of the Commercial Act, thereby affecting the remaining judgment. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing

Justices Kim Jae-soo

Justices Kim Jong-il

Chief Justice Lee Dong-won

Justices Park Il-san