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(영문) 서울고등법원 2020.10.22 2020나2015049
손해배상(기)
Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, except for the addition of the judgment by this court under paragraph (2) of this Article, thereby citing this case as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. An abbreviation of the further determination by this Court shall be governed by the first instance judgment.

This Court examines the argument that the plaintiff raised as the ground for appeal.

A. The Defendants’ negligence regarding the instant trust agreement was objectively recognized through the Plaintiff’s prior suit. As a result, the Plaintiff became aware of the establishment and amount of the right to claim damages against the Defendants on July 20, 2018, a decision in lieu of conciliation of prior suit became final and conclusive on July 20, 2018.

Therefore, since the statute of limitations of the Plaintiff’s right to claim damages against the Defendants ought to run from July 20, 2018, it is clear that the instant lawsuit was filed before the statute of limitations expires.

B. According to the evidence and the purport of the entire argument admitted prior to a specific judgment, the plaintiff is acknowledged to have reached the settlement of the trust contract with D and the preceding lawsuit. In light of the following circumstances, the plaintiff's aggravated property status and the measures to collect claims secured while acquiring E's bonds with warrants at the time of maturity of the trust contract of this case, although D requested the return of the trust principal on February 20, 2009, even though D requested the return of the trust principal, it is confirmed that the unrefied amount occurred in relation to the trust of this case, and thereby the plaintiff's damages have been actually realized. Accordingly, the plaintiff's assertion that the statute of limitations for the right to claim damages should be calculated from the point of maturity of the preceding lawsuit cannot be accepted.

1) D is E E’s bonds with warrants (hereinafter “instant bonds with warrants”).

acquisition agreement.

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