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(영문) 서울중앙지방법원 2016.06.16 2015나68002

손해배상(자)

Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The court's explanation concerning this case is one of the reasons for the judgment of the court of first instance.

In addition to the following cases, the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Parts to be dried;

C. The amount of compensation may be reduced if the operator of a vehicle whose liability is limited 1st vehicle permits the winning for the convenience and interest of the passengers without any consideration, and the passenger receives it for his convenience and interest, in light of various circumstances such as the purpose of operation, the personal relationship between the passenger and the operator, the circumstances leading up to his participation in the vehicle, and the purpose and active nature of the demand for boarding, if it is deemed that it is very unreasonable in view of the principle of good faith or equity to impose the same liability as the general traffic accident on the perpetrator, and the amount of compensation may be reduced. The reduction of the amount of compensation by the winning under the above subparagraphs can be considered in determining the scope of the insurer who entered into an insurance contract with the perpetrator by examining it ex officio, even if the perpetrator's assertion is not claimed.

According to the health stand, the evidence as mentioned above, and the purport of the oral argument as to the instant case, the deceased, while drinking alcohol at the city of the government as well as pro-Japanese, was moved to Seoul to the rear seat of the vehicle operated by the acting driver, and thereafter, the deceased seems to have been faced with the instant accident while he was on the top seat of the vehicle driven by C. As above, the deceased was on the back seat of the said vehicle, the background leading up to the deceased's being on the drive vehicle, the situation leading up to the being on the back seat of the said vehicle, and other circumstances before, after being on the front seat of the said vehicle, the deceased was on the front seat of the vehicle, and was on the move by C while being on the front seat of the said vehicle. In full view of the above, the deceased was aware that he was on the driving of the vehicle while on the front seat of the vehicle