[손해배상(자)][공1992.5.1.(919),1271]
The case reversing the judgment of the court below which recognized the liability for damages of the domestic company as an automobile operator with respect to an accident caused by an employee of the domestic company's local company's operation of an automobile belonging to the domestic company in the form of joint investment.
The case reversing the judgment of the court below which acknowledged the liability for damages of the company Gap as the driver of the company Gap, on the ground that the social entity of the company Byung as the parent company Eul as the subsidiary company of the company Gap, was merely the type of manufacturing factory of the company Gap, in case where the company Gap's 80% of the company Gap's 80% of the company Gap and Eul's 20% of the company of Indonesia invested in the joint investment form and the company of Indonesia was involved in the accident, since the company Gap's 20% of the company's 20% of the company's 20% of the company's 20% of the company's 20% of the company's 2
Article 3 of the Guarantee of Automobile Accident Compensation Act
Plaintiff 1 and 3 others, Counsel for the plaintiff-appellant
Busan High Court Decision 200Na1448 delivered on August 1, 200
Busan High Court Decision 90Na8213 delivered on March 14, 1991
Of the judgment below, the part against the defendant shall be reversed.
The case is remanded to Busan High Court.
According to the reasoning of the judgment below, the non-party 1 company was composed of non-party 2's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 2 company's non-party 1 company's non-party 1 company's non-party 2 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 2 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 2 company's non-party 1 company's non-party 2 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 2 company's non-party company's non-party company's non-party 1 company's non-party 2 company's non-party 2 company's non-party 1 company's company'
However, in Indonesia, the defendant company invested 80,00,000 U.S. dollars 1 million U.S. dollars, and was established by investing 20,000 U.S. dollars 80,000 U.S. dollars 20% in Indonesia. Thus, the company's management is a corporation that has invested 20% of the company's total capital, and the defendant company's executive officers and employees concurrently hold office or dispatch workers of the defendant company, and the company's new launch model is used in manufacturing new technology, and the materials and parts are also supplied by the defendant company and exported new products produced by the defendant company through the defendant company, barring any special circumstances, even if the defendant company takes the lead in its operation, the company's profit distribution and cost burden are determined by the above investment ratio. Therefore, it is improper to deny the company's substance and the liability for damages entirely belongs to the defendant company, and it is also difficult to understand that the company's production plant is merely a manufacturing plant of the defendant company.
The judgment of the court below is erroneous in the misunderstanding of legal principles as to the corporation's liability for damages, and the appeal pointing this out is justified.
Therefore, the part of the judgment below against the defendant shall be reversed, and the case shall be remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Jong-soo (Presiding Justice)