[손해배상청구사건][고집1981민,187]
Cases where unauthorized operation is deemed to have been operated for the borrower;
If an accident occurred while driving a vehicle without permission to another place beyond the scope requested by the Nonparty who received a request from the borrower for parking by driving the vehicle from the borrower to the parking lot, it shall be deemed that the vehicle was operated on behalf of the borrower.
Article 3 of the Guarantee of Automobile Accident Compensation Act
Supreme Court Decision 77Da2271 delivered on February 28, 1978 (Supreme Court Decision 11731 delivered on July 26, 197, Supreme Court Decision 26Nu166 delivered on July 16, 200, Decision 3(2)218 of the Guarantee of Automobile Accident Compensation Act, Decision 582 delivered on July 24, 1979, Decision 79Da817 delivered on July 24, 1979 (Supreme Court Decision 12175 delivered on July 12175, Supreme Court Decision 27Du219 delivered on July 27, 19, Decision 3(4)219 of the Guarantee of Automobile Accident Compensation Act, Court Official Gazette 618No12150)
Plaintiff 1 and one other
Defendant
Busan District Court Masan Branch Court (80 Mahap313)
(1) The original judgment is modified as follows.
(2) The defendant shall pay to the plaintiffs the amount of 4,200,000 won each and at the rate of 5% per annum from June 22, 1980 to the date of full payment.
(3) The plaintiffs' remaining claims are dismissed.
(4) The costs of the lawsuit shall be borne by the plaintiffs, and the remainder shall be borne by the defendants, respectively, with three minutes passed through the first and second trials.
The defendants shall pay to the plaintiffs the amount of KRW 14,611,767 and the amount at the rate of five percent per annum from the day following the day when the copy of each case is served to the defendant.
The costs of lawsuit shall be borne by the defendant and a declaration of provisional execution.
The part against the defendant in the original judgment shall be revoked.
The plaintiffs' appeal against this part is dismissed.
Litigation costs are assessed against all of the plaintiffs in the first and second instances.
1. Occurrence of liability for damages;
In light of the above facts, the defendant's testimony of the non-party 1 and the non-party 2's non-party 1 and the non-party 4's non-party 2's non-party 3's non-party 1's non-party 1's non-party 4's non-party 1's non-party 5's non-party 1's non-party 4's non-party 1's non-party 5's non-party 1's non-party 1's non-party 4's non-party 1's non-party 4's non-party 1's non-party 1's non-party 1's non-party 4's non-party 1's non-party 1's non-party 4's non-party 1's non-party 1's non-party 4's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1'.
(2) Scope of damages
(A) The deceased’s passive loss
The above evidence Nos. 1 and 3 (Simplified Life Table No. 4) of the deceased No. 4 of the above No. 2 of the above No. 3 (Simplified Life Table No. 5), comprehensively taking account of the purport of the pleading No. 5 of the above No. 4 of the deceased 2 of the above No. 3 of the above No. 5 of the deceased 2 of the age of 5 of the year of the accident, the average life life life of the deceased 5 of November 25, 1975 is 66 years, and the daily wages of the male 5,697 as of December 197 for which the plaintiffs claim No. 5 of the above No. 2 of the deceased 2 of the age of 5 of the age of 7 of this case were 50,00 won per annum No. 4 of the above age of 5 of the age of 97 of the deceased 2 of the age of 60,000 won (the above evidence No. 4 of the court below). 2 of this case can be acknowledged otherwise.
(B) Consolation money
Since the above deceased's accident is recognized in light of the empirical rule that the deceased's not only his own, but also his parents will receive mental suffering and will also receive it in the future, the defendant has a duty to do so. In light of the circumstance and result of the accident in this case, the plaintiffs' age, status status, education, and property level, etc. as a result of the accident in this case, it is reasonable to pay 1,00,000 won to the above deceased and 50,000 won to the plaintiffs, respectively.
(C) Shares of inheritance
The sum of the passive losses and consolation money (6,400,000 + 1,000,000) of the deceased’s total amount of 7,400,000 won (6,400,000 + 1,000,000) was jointly succeeded according to the prescribed statutory inheritance ratio to the Plaintiff, who is his parents.
(3) Conclusion
Therefore, the defendant is obligated to pay damages for delay at the rate of five percent per annum under the Civil Act from June 22, 1980 to the full payment date on the record that the above shares of inheritance and the consolation money of the plaintiffs are 4,200,000 won and the copy of this case, each of which is sought by the plaintiffs, to the defendants, the above shares of inheritance and the consolation money of the plaintiffs are 4,20,000 won, and it is obvious from June 22, 1980 to the date when the copy of this case is delivered to the defendants. Thus, the plaintiffs' claim of this case is justified within the above scope of recognition, and the remainder is unfair and dismissed. Since the judgment below partially accepted the defendant's appeal, it is modified in accordance with Paragraph 2 of Article 96, 92, and 93
Judges Han Jae-young (Presiding Judge)