1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

The reasoning of the judgment of the first instance is reasonable, and therefore, it is also necessary to add the judgment on the argument that the defendant adds to the appellate court in accordance with the main sentence of Article 420 of the Civil Procedure Act (However, the judgment of the first instance is changed to July 8, 2014).

The defendant asserts that the plaintiffs' claim for damages has already expired since 1985 to 30 years since the commencement of the plaintiffs' illegal investigation activities by investigative agencies, and there was no objective obstacle in claiming judicial relief against the defendant until the lawsuit of this case was brought.

However, in a case where a public prosecution was instituted based on evidence, etc. collected by a State agency due to an illegal act in the course of investigation, and a final judgment of conviction was rendered, but the existence of grounds for retrial was revealed later, and the judgment of innocence became final and conclusive in the retrial procedure and claims damages against the State due to an illegal act of a State agency, it shall be deemed that there was a de facto obstacle that the obligee cannot expect

Therefore, in such a case, the defense of the completion of extinctive prescription by the debtor cannot be allowed as an abuse of rights against the principle of good faith.

In the absence of special circumstances, a creditor shall exercise his/her rights within a period of six months equivalent to the suspension of prescription under the Civil Act from the date of the final judgment of acquittal for retrial which has been annulled.

At this time, it should be determined on the basis of whether a lawsuit for damages was filed in principle as to whether the exercise of rights was made within that period.

However, in a case where the judgment of innocence has become final and conclusive, the creditor shall be deemed as a more simple procedure prior to the civil claim for damages, and the Act on Criminal Compensation and Restoration of Honor.