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(영문) 서울고등법원 2015.12.17 2015나2036073
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the third third vacancy from the judgment of the court of first instance to the fifth vacancy from the judgment of the court of first instance, and as such, the reasoning of the judgment of the court of first instance is as stated in the reasoning of Article 420 of the Civil Procedure Act. Thus, this is cited in accordance with the main sentence

In light of the above legal principles and records, the plaintiff's right to claim damages had already been extinguished after September 2, 2014, since the plaintiff's statement or the third party's statement to the effect that the plaintiff's statement or the third party's statement was made, and the result of consultation or diagnosis based on the plaintiff's statement cannot be seen as having value of evidence above the plaintiff's assertion. The above evidence alone is insufficient to acknowledge the plaintiff's assertion. In addition, even if the plaintiff's assertion was made, the defendant's tort was committed before September 2, 2009. The plaintiff's lawsuit of this case was filed only before September 2, 2014, which was three years after the plaintiff's action of this case, and the prescription period had already been terminated before the plaintiff's action of this case (the plaintiff and the plaintiff's diagnosis was conducted on September 27, 2011, and it should not be seen as having known that "the defendant's harm was caused by stress after the defendant's tort," but it should not be seen as "the damage occurred after the victim's injury."

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