[손해배상(자)][공1987.12.1.(813),1718]
In the event that the driver of the company causes an accident while operating the vehicle with the victim aboard to play on holidays, whether the company is liable to compensate for the damage.
If Gap, a driver of a fence truck owned by the company transporting aggregate to the dam construction site, was discussed with Eul et al. using the above vehicle to play on the above vehicle without the company's approval or consent, the above accident becomes one of the accidents where Gap et al., and Eul et al., operated the above vehicle to play on the above vehicle without any relation to the company's operation, and Eul et al. actively participated in it. Thus, it cannot be said that the operation of the above vehicle conducted under the above circumstances is operated for the company or related to the company's execution.
Article 756 of the Civil Act
tinnam-ro et al., Counsel for the plaintiff-appellant-appellee
Hanjin General Co., Ltd. (Attorney Lee Jae-soo, Counsel for the defendant-appellant)
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
We examine the grounds of appeal.
According to the reasoning of the judgment of the court below, the non-party 1, the driver of the above Busan 06-5840 tons truck, who was owned by the defendant, was involved in the operation of the above 15 tons truck on September 29, 1985, and seven persons including the non-party 1, who were on board the above truck, including the non-party 17:05, 00 YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYEEEEEEIIIIIOOOOOOOOYY.
Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee B-soo (Presiding Justice)