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(영문) 서울고등법원 2017.08.30 2017나2025411
손해배상(기)
Text

1. The defendant's appeal is all dismissed.

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

3. Judgment of the court of first instance is delivered with Paragraph (1).

Reasons

1. The reasoning of the court of the first instance’s explanation concerning the instant case is as follows, and such reasoning is identical to the reasoning of the first instance judgment, except for addition or dismissal as follows. Thus, this shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure

In the end of the 8th judgment of the court of first instance, determination on the basis of whether a lawsuit seeking compensation for damages was filed at that time. However, in a case where the judgment of innocence became final and conclusive, a creditor may first file a claim for criminal compensation under the Criminal Compensation Act, which is more simple procedures prior to a civil claim for damages. Thus, even if a creditor did not file a claim for damages within 6 months from the final and conclusive judgment of innocence, where a creditor filed a claim for criminal compensation under the Criminal Compensation Act within that period, “reasonable period” of the exercise of right to prevent a defense of extinctive prescription should be deemed to have special circumstances, and at that time, a claim for damages may be deemed to have been exercised within a considerable period of time. In such a case, even if the period is determined, the period shall not exceed three years from the final and conclusive judgment of innocence for which the actual disability of the exercise of right became final and conclusive (see, e.g., Supreme Court Decision 201Da41341, Dec. 12, 2013).

8. On December 22, 2015, the Plaintiff A filed the instant lawsuit, and filed the instant lawsuit, and claimed only damages for lost income and consolation money that he/she succeeded, directly or through I, from his/her consolation money and G, and did not claim damages for lost income of his/her own party, after six months from May 28, 2015, which was the date the new judgment of this case became final and conclusive.

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