logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.18 2019나46284
손해배상(의)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, citing the reasoning of the judgment, is the same as the ground of the judgment of the court of first instance, except for the addition of “an additional judgment” and “an additional judgment,” thereby citing the same as it is in accordance with the main sentence of

2. In the third part of the judgment of the first instance, “from April 2010 to April 2014” in the third part of the judgment of the first instance, the phrase “from October 2010 to December 2014” is considered as follows: “At least five times every year from October 2010 to December 2014.”

The 8th judgment of the first instance court concerning "the completion of extinctive prescription" shall be dismissed as follows.

C. Pursuant to Article 8 of the State Compensation Act and Article 766(1) of the Civil Act, the right to claim damages against the State based on a tort is extinguished if it is not exercised within three years from the date the victim became aware of the damage and the perpetrator, or within five years from the date of the tort pursuant to Article 96(2) and (1) of the National Finance Act (see Supreme Court Decision 2004Da33469, May 29, 2008). The term “the date when the victim became aware of the damage and the tortfeasor” or “the date when the victim became aware of the damage and the tortfeasor” refers to the date when the damage was actually discovered and the date when the victim specifically perceived the damage.

However, if it is difficult to predict the potential potential for an infection, or if it is difficult to predict how the disease will proceed to any phase at the time of infection, the time when the damage is realized is considered to be the date of infection, the victim may not claim for future damage because it is uncertain at the time of infection, and may result in an unfair result that can not claim for future damage after the extinctive prescription expires at the time of infection.

Therefore, in such a case as above, there may be damages due to the outbreak of symptoms or the progress of disease in addition to the damages caused by infection itself, and such damages are in reality at the time when symptoms are discovered or sick.

arrow