Text
1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasons why the court should explain by the court of first instance for the acceptance of the judgment are as stated in the reasoning of the first instance judgment, except where the defendant added a judgment on the argument that the court emphasizes in particular or unfolds, and thus, cites it by the main sentence of Article 420 of the Civil Procedure
2. Judgment on the defendant's assertion
A. (1) The Defendant asserted that, in light of the fact-finding decision of the court below, the Plaintiffs already secured objective data necessary for the instant lawsuit at the time of the aforementioned decision, and that, in view of prompt remedy for infringement of rights, deeming the Plaintiffs could not file a claim for damages until the judgment of innocence became final and conclusive in the instant retrial procedure. As such, the Plaintiffs could have filed the instant lawsuit from June 4, 2013 (Seoul Central District Court 2010 Inventory38) and August 12, 2014 (Seoul High Court 2014No37) from the Seoul High Court 2014 (Seoul High Court 2014No37). The Plaintiffs asserted that the instant lawsuit was not reasonable since it was based on the claim for damages that had already been extinguished by the statute of limitations.
D. However, in a case where a public prosecution was instituted based on evidence, etc. collected by a State agency due to an illegal act, etc. during the investigation process, and a final judgment of conviction was rendered, but the existence of grounds for retrial was later revealed, and thus a judgment of innocence became final and conclusive in the retrial procedure, and the State claims damages against the State due to an illegal act, etc. of a State agency, it shall be deemed that there was a
Therefore, in such a case, the defense of the expiration of the statute of limitations by the debtor is the principle of good faith.