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(영문) 부산지방법원 2016.07.15 2015나50023
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning for the court's explanation of this case is as follows: "Any notification to the plaintiff" in Part 5 of Part 3 of the judgment of the court of first instance in Part 5 of the decision of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgment to the defendant's argument in the trial of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Additional determination

A. Even in cases where there exists a disability for which the Defendant’s assertion could not exercise his/her right objectively against the obligee, the obligee may prevent the obligor’s defense of the extinctive prescription from exercising his/her right within a “reasonable period” from the time such disability was eliminated, and the above considerable period of time should be limited in a short period corresponding to the suspension of prescription under the Civil Act, barring any special circumstance. The Defendant’s agency, the Military Army Death Review Committee, decided to correct the deceased’s private death from “sicker’s death” to “sicker’s death,” and notified the bereaved family of such fact on January 28, 2013, even though the cause for which the Plaintiff could not exercise his/her right has ceased to exist, the Plaintiff filed the instant lawsuit on July 21, 2015, which was six months after

B. Even if a claim for damages against a State arising from a tort 1 is not exercised for five (5) years from the date of the tort, and the statute of limitations expires, if the State grants the same trust that it does not invokes the benefit of the statute of limitations, the obligee may avoid the obligor’s defense of the statute of limitations if it exercises the right within a reasonable period from

The issue of whether the exercise of rights was made within the reasonable period is the relationship between the creditor and the debtor, and the debtor's act of giving trust.

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