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(영문) 부산고등법원 2016.05.19 2015나56802
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the part concerning "(a) and (b) of the judgment of the court of first instance (Article 3-3-3(c)(3)" and the part concerning the plaintiffs in the reasoning of the judgment of the court of first instance as stated below. Thus, this part shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The claim for damages arising out of a tort in the relevant statutory provisions 3(a) and (b) is extinguished by prescription unless it is exercised within three years from the date on which the damage or the perpetrator becomes aware of (Article 766(1) of the Civil Act); however, “The Committee on the Settlement of History for Truth and Reconciliation” under the Framework Act on the Settlement of History for Truth and Reconciliation (hereinafter “Settlement Committee”).

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the truth-finding decision, and thereby exceeding the bounds of the principle of free evaluation of evidence, and by exceeding the bounds of the principle of free evaluation of evidence, it did not err by exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal. In light of the above legal principles, the court below erred by misapprehending the legal principles as to the presumption of free evaluation of evidence, and thereby exceeding the bounds of the principle of free evaluation of evidence, thereby exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal.

However, the exercise of the right of defense on the ground of extinctive prescription is governed by the principle of good faith and the prohibition of abuse of rights, which are the major principle of the civil law, and thus, the debtor should not invoke the prescription after the completion of extinctive prescription.

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