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(영문) 대구지방법원 2017.12.08 2015가단29388
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. At around 20:40 on April 13, 2010, the Defendant: (a) within the Dong-dong Office of the Daegu Suwon-gu Apartment Complex Management Office, and (b) during the dispute with the Plaintiff due to the problem of apartment management, the Plaintiff was down to the right side of the Plaintiff by bombing the Plaintiff’s flaps, and by so pushing the Plaintiff into a sofab

As a result, the defendant suffered injury to the plaintiff, such as catum and scatum scatum which need to be treated for about three weeks.

B. On November 26, 2010, at around 21:02, the Defendant used the Plaintiff’s buckbucks to knee, knee, knenee, with knee, while she engaged in a dispute with the Plaintiff for the same reasons as the above paragraph (1).

C. On January 24, 2014, the Defendant was sentenced to a fine of two million won due to the above injury and assault (Seoul District Court 2013 High Court 2672), and the above judgment became final and conclusive on February 4, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 and 5 (including additional number), the purport of the whole pleadings

2. Determination

A. The defendant's defense of extinctive prescription is a defense that the plaintiff's right to claim damages against the defendant was completed after three years have passed since the plaintiff knew that the damage occurred due to the defendant's tort, and the plaintiff's right to claim damages against the defendant was completed.

A claim for damages due to a tort shall be extinguished by prescription if it is not exercised within three years from the date on which the injured party or his/her legal representative becomes aware of such damage or the

(1) Article 766(1) of the Civil Act provides that “A person who is aware of the damage or the perpetrator shall be aware of the occurrence of the damage and the fact that the damage was caused by a tortfeasor’s illegal act, and the degree or amount of the damage shall not be specifically known.

(See, see, e.g., Supreme Court Decision 92Da2011, Apr. 14, 1992). With respect to the instant case, evidence Nos. 2-1, 2-2, 7-4, 8-1, 10, and 10.

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