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(영문) 대구고등법원 2009.08.21 2007나11423
임금 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons why the admitting party of the judgment of the court of first instance states concerning the instant case are as stated in the reasoning of the judgment of the court of first instance, except for partial dismissal or addition as follows. As such, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The part written by the court of first instance referred to the "not later than April 15, 199" in the third 7th sentence of the court of first instance shall be read as "not later than December 15, 199."

B. On the 3rd of the judgment of the court of first instance, the plaintiff added new arguments and judgments thereon at the court of first instance as follows. 2) The plaintiff asserted that the defendant paid KRW 1,00,000 to the plaintiff after the occurrence of the accident of this case and approved the plaintiff's obligation, thereby suspending the extinctive prescription of the above obligation. Thus, according to each of the statements in the evidence No. 3-5, No. 3-6, the defendant paid approximately KRW 1,00,000 to the plaintiff as medical expenses around January 2003, but on the other hand, the fact that the lawsuit of this case was filed on September 4, 2006, which was three years after the occurrence of the lawsuit of this case, is apparent in the record, and thus, the defendant's assertion that the extinctive prescription of the above damage liability has expired is without merit.

2. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal against it is dismissed as it is without merit. It is so decided as per Disposition.

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