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(영문) 수원지방법원 2015.08.12 2014나40104
손해배상
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 judgment of this court citing the judgment of the court of first instance is as stated in the reasoning column of the judgment of the court of first instance, except where the following is added to the last end of the judgment of the court of first instance, and thus, it is acceptable in accordance with Article 420 of the Civil Procedure Act.

2. Additional determination

A. Ten years have not passed since the plaintiffs' assertion committed an illegal act.

Therefore, the defendant is liable to compensate the plaintiffs for damages caused by the tort.

B. The right to claim damages is not exercised for three years from the date on which the Plaintiffs became aware of the damages and the perpetrator (Article 766(1) of the Civil Act); when ten years have elapsed from the date on which the Defendant committed a tort (Article 766(2) of the Civil Act); and when the period of prescription under Article 766(1) of the Civil Act and Article 766(2) of the Civil Act expires, the right to claim damages should be deemed extinguished if the period of prescription expires first

The plaintiffs filed a lawsuit of this case three years after the plaintiffs became aware of their damages and the perpetrator's identity, and the plaintiffs' claim for damages against the defendant has expired by prescription.

Therefore, in light of the aforementioned legal principles, the Plaintiffs’ claim for damages was extinguished regardless of whether the prescription period under Article 766(2) of the Civil Act lapsed.

I would like to say.

Therefore, the plaintiffs' above assertion is without merit.

3. In conclusion, the judgment of the court of first instance is just in conclusion, and the plaintiffs' appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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