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(영문) 서울중앙지방법원 2017.11.30 2017가단4377
배상명령
Text

1. The Defendants jointly pay to the Plaintiff KRW 48 million.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Facts of recognition;

A. On September 23, 2005, the Seoul High Court jointly issued a compensation order, recognizing the amount of KRW 48 million, which was the sum of KRW 10 million,00,000,000,000, which was deposited on June 2, 2004, deducted from KRW 98,000,000,000, which was deposited on June 2, 2000 from KRW 30,000,000,000, which was deposited by the Defendants from the Plaintiff, as damages, to the effect that “the Defendant jointly pays KRW 48,00,000 to the Plaintiff.”

(hereinafter “instant compensation order”). The Seoul High Court 2004 early 111) Na.

On September 23, 2005, the main case of the compensation order of this case, the defendants appealed to the conviction of the appellate court (Seoul High Court 2003No2996), and the Supreme Court sentenced the dismissal of the appeal to the Supreme Court on February 8, 2007.

(Supreme Court Decision 2005Do7909). C.

The provisions of the Act on Special Cases concerning Litigation Promotion, etc. concerning Compensation Orders shall be as follows:

Article 33 (Appeal) (1) When an appeal against a conviction is filed, the order for compensation shall be transferred to the appellate court together with the accused case.

Article 34 (Effect of Orders for Compensation and Compulsory Execution) (1) The authentic copy of a written conviction stating a final order for compensation or a provisional execution order shall have the same effect as an executory civil judgment with respect to compulsory execution under the Civil Execution Act.

[Evidence] Defendant C: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act): The remaining Defendants: The absence of dispute, Gap 1, and this court’s obvious facts, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition of damages, the defendants are jointly obligated to pay damages of KRW 48 million to the plaintiff.

B. Defendant B and D asserts that the Plaintiff’s claim for damages was three years of prescription, and that the statute of limitations expired since the instant compensation order was filed on January 16, 2017, which was ten years from September 23, 2005 when the instant compensation order became final and conclusive.

Article 33 (1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

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