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(영문) 대법원 2019.03.28 2018다45285
손해배상(자)
Text

The judgment below is reversed, and the case is remanded to the Seoul Central District Court.

Reasons

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

A. Article 766(1) of the Civil Act, which is the starting date of the short-term extinctive prescription for a claim for damages due to a tort, refers to the time when the victim knows that the damage was caused by a tort of a certain tortfeasor and that it may claim damages against the tortfeasor. In other words, when the victim, etc. actually and specifically recognizes the perpetrator, it shall be reasonably recognized by taking into account various objective circumstances in individual cases and by taking into account the situation in which the claim for damages is practically possible.

(See Supreme Court Decision 2003Da4747 delivered on April 11, 2003, etc.). B.

The judgment below

According to the reasons and records, the following facts are revealed.

(1) On November 14, 2006, Plaintiff A entered into the instant automobile insurance contract with I Co., Ltd. (hereinafter “I”) and H rocketing car (hereinafter “rocketing car”) with the insured as a de facto spouse, who is a de facto spouse. The insurance period from November 14, 2006 to November 14, 2007, including the Daeman Compensation Agreement I, the Manman Compensation Agreement II, and the Accident Security Agreement by Uninsured Motor Vehicle (hereinafter “the Injury Security Agreement”).

(2) Meanwhile, on November 16, 2006, Defendant C concluded the two automobile insurance contract of this case, including the Grand Compensation Agreement from November 16, 2006 to November 16, 2007, with respect to I and F rocketing car owned by it (hereinafter “rocketing car”). Defendant C concluded the two automobile insurance contract of this case with regard to the insurance period from November 16 to November 16, 2006.

(3) On November 13, 2007, Defendant B driven a rocketing car at around 15:15 on November 13, 2007, and proceeded along the intersection of the view view distance in the southyang-dong at the southyang-dong, with the e-mail of the e-mail from the e-mail view room to the new south-dong bank, and turn left at the two-lane, not the difference.

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