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(영문) 대구지방법원서부지원 2015.07.22 2015가단7439
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The plaintiff's assertion was caused by the defendant's negligence during about 38 years prior to the plaintiff's 38 year ago that caused an accident where the right eye is visible (hereinafter "the accident in this case"). Thus, the defendant is liable to compensate the plaintiff for the damages.

B. At the time of the Defendant’s assertion, the Defendant’s parents paid sufficient compensation to the Plaintiff, and the Plaintiff’s right to claim damages extinguished by prescription.

2. The claim for damages due to a tort is extinguished by prescription, unless it is exercised within three years from the date when the victim or his legal representative becomes aware of the damage or the perpetrator, or ten years from the date when the tort was committed, and even according to the plaintiff's claim, the accident in this case occurred about 38 years prior to the date when the accident in this case occurred. Since it is apparent that the lawsuit in this case was filed about 10 years prior to the lapse, the plaintiff's damage claim against the defendant in this case

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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