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1. All appeals by the defendant against the plaintiffs are dismissed.
2. The costs of appeal shall be borne by the Defendant.
3...
Reasons
1. The reasoning for the court’s explanation concerning this case is as follows: “from February 5, 2018, the delivery date, from February 5, 2018, to February 6, 2018,” “this judgment” in the main sentence of Article 420 of the Civil Procedure Act, except for adding the judgment under paragraph (2), is the same as the part against the defendant in the reasoning of the judgment of the first instance, and thus, this judgment is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Defendant’s assertion asserts that, around November 2013, when the judgment of the case of damages (Seoul High Court 2013Na28928, hereinafter “related case”) brought against the company operating the instant vessel at the latest, the Plaintiffs knew of the occurrence of the insurance accident under the instant insurance contract No. 1, it should be deemed that the extinctive prescription of the Plaintiffs’ right to claim against the Defendant would run since that time. The Plaintiffs filed the instant lawsuit after the lapse of two years under the former Commercial Act (amended by Act No. 12397, Mar. 11, 2014).
B. Unless there are special circumstances to determine otherwise, it is reasonable to interpret that the statute of limitations of the insurance claim, in principle, runs from the time the insurance accident occurred. However, even if the claimant was unable to know of the occurrence of the insurance accident without fault because it is objectively unclear whether or not the insurance accident occurred, construing that the statute of limitations of the insurance claim runs from the time the insurance accident occurred, is too harsh to the claimant, and cannot be deemed to be contrary to the social justice and equity ideology, as well as to the reason for the existence of the statute of limitations system. Therefore, in cases where there are circumstances where it is impossible to confirm the occurrence of