손해배상청구권의 기산점에 관한 고찰 -외국의 기산점 변동 사례를 중심으로-

The extinctive prescription begins when the creditor can exercise the right. In principle, the extinctive prescription for the right to claim damages due to default is to proceed from the time of the default, but the right to claim damages due to default is established when the damage occurs in reality. At this time, whether or not the damage has occurred in reality must be determined objectively and reasonably in the light of social common sense (Supreme Court 2017. 6. 19. 2017 Da215070). What does it mean that the right to claim damages has actually occurred? American Ruth v. In the Dight case, the court began and saw that a cause of action accrues the victim's right to claim damages “from when the patient finds a foreign object or can find it with reasonable care.” In the French old-age pension lawsuit, the lawsuit ruled that the statute of the right to claim damages for non-payment of pension contributions to the defendant while in office was possible when the creditor reached the time to receive the old-age pension. It was judged that the lawsuit that changed newborn infants in Japan was also considered to be lapsed from “when an objective situation occurred to reveal the change and the damage surfaced and the exercise of rights for the first time could be expected. Similar to foreign cases, Korean precedents are determined based on the time when the actual rights exercise can be expected from the victim's point of view as a definite and realization of the "realization of damage rather than potential and immovable. The necessity of such precedents is increased in environmental lawsuits in which the separation between actions and damages occurs, negligence lawsuits that do not have the possibility of objective recognition of the occurrence of damages, re-examination cases requiring confirmation of damages, or collective civilian victimization cases.