[손해배상][집19(3)민,101]
In the claim for damages under the State Compensation Act, the joint victims shall take a separate procedure under Article 9 of the same Act.
In the claim for damages under this Act, the co-victims shall take a separate procedure under this section.
Article 9 of the State Compensation Act
Jeonbuk Shipping Co., Ltd.
Plaintiff 2 and 3 others
Korea
Seoul High Court Decision 70Na338 delivered on July 21, 1971
All appeals filed by the plaintiff Jeonbuk Shipping Co., Ltd. and the defendant are dismissed.
Costs of appeal shall be borne by each party.
The ground of appeal No. 1 by the Plaintiff Jeonbuk Transportation Agents Co., Ltd. is examined.
In light of the records, it is clear that the plaintiff claims compensation for damages caused by the act of neglecting the management of the man-made boat installed by the construction station of Egye-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S
We examine the second ground for appeal.
In this case, the plaintiff Jeonbuk Shipping Co., Ltd. (hereinafter referred to as "the plaintiff company") and the plaintiff 2 et al. caused the plaintiff company's cargo vehicle belonging to the plaintiff company caused the error in the installation of public goods of the Lee Jong-dong Call Construction Bureau in the course of loading and operating the cargo vehicle, thereby destroying the cargo vehicle belonging to the plaintiff company, causing the plaintiff company's failure, causing the plaintiff's cargo vehicle's accident, causing the plaintiff's accident, and causing the plaintiff to die the plaintiff's wife, the plaintiff company claims repair costs and employment damages, and at least the plaintiff 2 et al. claims damages due to the plaintiff's death of the deceased non-party, the plaintiff company and the plaintiff 2 are separately subject to the procedure under Article 9 of the State Compensation Act. Thus, the plaintiff company and the plaintiff 2 are justifiable to have dismissed the lawsuit on the grounds that the plaintiff company did not follow the same procedure. The plaintiff Ba-dong et al. did not go through the same procedure, but it is inappropriate for the plaintiff company to go through the same procedure.
The defendant did not submit a written appeal within the period stipulated in Article 397 of the Civil Procedure Act and did not state the grounds for appeal in the petition of appeal
For the reasons above, all appeals filed by the plaintiff Jeonbuk Shipping Co., Ltd. and the defendant 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
Justices Park Jae-in (Presiding Justice)