[손해배상][집16(1)민,071]
Cases acknowledged as an act of carrying victims' moving animals while driving a vehicle in accordance with the upper order;
The driver's act of driving up to the sixth-gu Military Air Supply Center in accordance with the upper order of the driver's vehicle is clear that it is an official duty, and it is not possible to say that it is not an official duty due to the transportation of an article on the Army while driving.
Article 2 of the former State Compensation Act
Plaintiff
Korea
Seoul Central District Court Decision 67Na640 delivered on October 19, 1967
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
Judgment on the grounds of appeal by Defendant ○○○○.
According to the facts established by the court below, it is clear that the driver's act of driving up to the sixth-guless coal supply station in accordance with the order of upper part of the military vehicle of the driver's vehicle of the above-mentioned soldiers is an official duty, and the driver's act of driving up to the sixth-guless coal supply station in the Army while driving the vehicle with the vehicle's 5/2 tons G.M.C. C. C., and driving the vehicle to the sixth-guless coal supply station in the Army, which was driven by the non-party 3 in the sixth-gu, while driving the vehicle, was stopped at the point of accident, and the accident occurred due to the negligence of the driver's negligence during the vehicle. Thus, it is difficult to say that the driver's act of driving up to the sixth-guless coal supply station in accordance with the order of upper part of the vehicle
Therefore, it is so decided as per Disposition by the assent of all participating Justices.
[Judgment of the Supreme Court (Presiding Justice) Na-dong, Ma-dong, and Ma-dong, the last Ma-man