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(영문) 대법원 2020.04.09 2019다246573
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. Article 766(1) of the Civil Act provides that a claim for damages caused by a tort shall expire by prescription if it is not exercised within three years from the date when the injured party or his/her legal representative becomes aware of the damage or the perpetrator.

The "date when the victim or his/her legal representative becomes aware of the damage and the perpetrator" refers to the date when the victim or his/her legal representative has actually and specifically recognized the damage and the

The perception is not sufficient by the presumption or doubt of the occurrence of damages, and the fact that the harmful act constitutes a tort as well as the existence of the illegal harmful act, the occurrence of damages, and the causal link between the harmful act and the damage, are known.

In such a case, when the victim et al. actually and specifically perceived the requirement of tort, it should be reasonably recognized by taking into account the various objective circumstances of each case and taking into account the situation in which the claim for damages was practically possible, and the burden of proof on the time when the damage was discovered is the person who asserts the benefit from the expiration

(See Supreme Court Decision 2006Da17539 Decided July 12, 2013, and Supreme Court Decision 2019Da2220526 Decided March 26, 2020, etc.). 2. According to the reasoning of the lower judgment and the record, the following facts are revealed.

Between September 1950 and March 1952 during the Korean War, the residents of the Jeonnam-dong, including Jeonsung-gun, were killed without legitimate investigation procedures due to the reason that they were “sudsan”, “commenity”, “commenity”, “commenity” and their family members by the police, etc. having jurisdiction over the national armed forces and the Jeonnam-dong area, and were killed without legitimate investigation procedures.

(hereinafter referred to as “the civilian sacrifice case in the area of Jeonnam-dong”); (b)

Plaintiff

The bereaved family members, including A, of the victims including A, shall arrange the past history for the settlement of truth from February 7, 2006 to November 30, 2006.

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