[손해배상][집17(2)민,025]
The victim who was on board the same vehicle shall not be deemed to be negligent for the victim in the accident, on the ground that he/she is a superior to the driver's disease.
The victim who has boarded the same vehicle is a superior to the driver's disease, so it cannot be said that the victim is negligent even in the accident.
Article 763 of the Civil Act
Plaintiff 1 and three others
Korea
Seoul High Court Decision 68Na562 delivered on July 5, 1968, Seoul High Court Decision 68Na562 decided July 5, 1968
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
The grounds of appeal by the defendant litigant are examined.
According to the judgment of the court below, the non-party 1, a driver of the 32th KAWO, was the non-party 1, a driver of the 1/4 ton of the 32nd KAWO, and the non-party 2, a non-party 3, a non-party 4 who returned to the 13:00 on February 4, 1966, and the victim non-party 4, who was the non-party 3 and the victim non-party 4, who was the non-party 32 at the 32nd KAWO, were absent from the center of the road at the time of crossing with the non-party 4, who was the non-party 4, a driver of the 32nd KAWO, and the non-party 1, a driver of the 100th KAWO, and the non-party 4, a non-party 1, a driver of the 32nd KAWO, could not be found to have been negligent in the situation that the victim's's's negligence.
Therefore, the appeal is dismissed by the assent of all participating judges, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition.
Supreme Court Judge Ma-dong (Presiding Judge) Ma-dong (Presiding Judge)