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(영문) 춘천지방법원 2015.12.18 2015나1660
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. On January 23, 1950, the Plaintiff’s assertion summary, and the police officer of the Defendant did not cooperate with the Plaintiff’s father E as soon as possible, but did not cooperate with the Plaintiff’s father E on January 23, 1950, on the ground that he was a prompt cooperation partner without lawful investigation or trial procedures.

Therefore, the defendant shall pay the deceased E with consolation money of KRW 30,00,000, and KRW 10,000,000 each to the deceased E and the deceased. Since the plaintiff is the heir of the deceased E and F, the defendant is obliged to pay the plaintiff the damages for delay from January 23, 1950, which is the date of death of the deceased E.

In addition, the extinctive prescription for the above claim for damages has expired.

Even in this case, since public officials belonging to the State have intentionally committed acts based on public authority and have been actively concealed by the State, it constitutes abuse of rights against the principle of good faith to claim the completion of the statute of limitations.

B. Not only lack of evidence to prove that there was a tort, as alleged by the Plaintiff by the Defendant’s summary of the Defendant’s assertion, but also the right to claim damages asserted by the Plaintiff was extinguished by prescription after the lapse of five years from January 23, 1950, the date of death of the network E.

2. Determination as to the completion of extinctive prescription

A. Even if the defendant's tort is acknowledged as asserted by the plaintiff as the order of judgment, if the claim for damages became extinct due to the completion of prescription as alleged by the defendant, the plaintiff's claim cannot be accepted, and thus, it should be seen first.

B. The right to claim damages against the State on the ground of tort shall expire five years from the date of the tort unless it is exercised for five years from the date of the tort, and the extinctive prescription of the right to claim damages shall expire five years from the date of the damage.

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