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(영문) 광주고등법원(제주) 2015.07.01 2014나934
손해배상(기)
Text

1.The text of the judgment of the first instance, including the claims expanded in the trial, shall be modified as follows:

The defendant.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance except for the modification of the contents stated in the judgment of the court of first instance as stated in paragraph (2). Thus, it is citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. On the 5th page of the judgment of the first instance court on the modified part, the part of the judgment of the first instance court, which added A evidence Nos. 7 through 9 to the part of the grounds for recognition set forth in the 3th sentence below, “B” No. 8 of the judgment of the first instance court, which changed “B” form “B” form 10, below the 11th instance judgment below

A. As to the Defendant’s defense of extinctive prescription, the Defendant asserted to the effect that “The Plaintiff’s right to claim damages has not been exercised for five years from the date of tort as a right to the State for payment of money, and the extinctive prescription has expired. At least, the Plaintiffs’ right to claim damages against the deceased by the Defendant was known of the death of the deceased by the Defendant at least the time when the commission of the Jeju 43 Incident informed the deceased and his/her bereaved family members of the death, and the extinctive prescription has expired three years thereafter.” 2) If the right to claim damages against the State on the ground of tort has not been exercised for five years from the date of the tort, it is evident that the instant lawsuit was filed on July 1950 or from August 1

B. As to whether the defendant's defense of extinctive prescription constitutes an abuse of rights, the exercise of one of the defenses based on extinctive prescription is governed by the principle of good faith and prohibition of abuse of rights, which are the major principle of the Civil Act, and thus, the debtor has made the right holder trust it after the completion of extinctive prescription.

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