The starting point of counting the extinctive prescription for damages due to default

The extinctive prescription of right to claim damages due to non-performance shall begin from the date of non-performance.

Articles 166 and 390 of the Civil Act

Supreme Court Decision 75Da740 delivered on August 29, 1975 (Gong1975, 8630) 77Da1048 delivered on December 13, 1977 (Gong1978, 1050) decided November 9, 1990 (Gong1991, 49)

Law Firm Dong-dong Law Office, Attorney Jeon-soo, Counsel for the defendant-appellant-appellant-appellant-appellant-

Seoul High Court Decision 200Na14888 delivered on August 1, 200

Seoul High Court Decision 94Na14355 delivered on October 4, 1994

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The defendant's attorney's grounds of appeal are examined.

The extinctive prescription of the right to claim damages due to nonperformance shall run from the time of default (see, e.g., Supreme Court Decisions 72Da2600, Oct. 10, 1973; 90Meu22513, Nov. 9, 1990); thus, the judgment below to the same purport is just, and there is no error of law in the misapprehension of legal principles, such as the theory of lawsuit, in the judgment below. There is no reason to discuss.

Therefore, the appeal shall be dismissed and all costs of appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Sung-sung (Presiding Justice)