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(영문) 서울고등법원 2015.09.22 2015나2003172
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and the plaintiffs' claims corresponding to the above revoked part shall be filed respectively.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is that the reasoning for the judgment of the court of first instance is the same as that for the corresponding part of the reasoning for the judgment, and thus, they are cited in accordance with the main sentence

2. Determination

A. The court's explanation on this part of the grounds for the plaintiffs' claims is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

B. As to the Defendant’s defense of extinctive prescription, the Defendant asserted that the Plaintiffs’ right to claim damages of this case had expired three years after the date when the victims knew of the damage and the perpetrator, or five years after the date when the victims knew of the tort (see Supreme Court Decision 2004Da33469, May 29, 2008). The Plaintiffs’ right to claim damages of this case had expired on November 3, 1981; November 16, 1984 (Plaintiff A); and from August 15, 198 (Plaintiff A) the short-term extinctive prescription period under Article 766(1) of the Civil Act had expired; and (2) The Plaintiffs’ right to claim damages against the State due to tort had expired on the date when the victims knew of the damage and the perpetrator; or on the date when the victims committed tort, it was obvious that the Plaintiffs’ right to claim damages of this case had expired on the date when the victims were illegally arrested or detained on August 15, 1985.

I would like to say.

C. As to the plaintiffs' violation of the principle of good faith or the violation of the principle of abuse of rights, the plaintiffs asserted that the defendant's claim for the completion of extinctive prescription is against the principle of good faith or constitutes abuse of rights. 2) However, the exercise of the defense right on the ground of extinctive prescription is governed by the principle of good faith and the principle of prohibition of abuse of rights, which are the major principle of the Civil Act.

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