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(영문) 부산고등법원 2015.12.17 2014나8554
사용료 등
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

Reasons

(a) be liable to pay any compensation for delay.

(1) The plaintiff asserts that she's daily period of 'C' is 3 years and 9.1 to 205: 10: 65,472, and 528; however, the plaintiff's daily period of 2.3 years and 6.1 to 208.10, 205 to 36.6, 205 to 36.6, 106, 16.46 to 4.6, 206, 205 to 36.46, 16.6, 205 to 10.6, 206, 16.6, 16.6, 205 to 16.6, 16.6, 206, 16.6, 205 to 3.6, 16.6, 206, 205 to 16.4, 206, 205 to 18.6, 2015.

B. Determination 1 on the Defendant’s defense of extinctive prescription regarding the Defendant’s claim is related to the period of service from January 1, 2005 to October 6, 2008. Since the instant lawsuit was filed on December 17, 2014 after three years ( October 5, 201) have elapsed since the end of the said period, the instant lawsuit was filed after three years have elapsed since the statute of limitations expired, or even when calculating the initial date of extinctive prescription period from November 3, 2009, which is the date of the instant agreement, the instant lawsuit was filed after the lapse of the said period, so long as there was no agreement on the period of payment of the wage claim as determined in Grade 2) and the period of payment for the monthly wage claim as determined in Grade 6, it is reasonable to deem the period of payment as the last day of each month. The instant lawsuit was filed on February 15, 2012 after three years have elapsed since the Plaintiff’s aforementioned period of payment was expired. On the other hand, it is clear that it was made on March 13, 2019.

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