In this case, the court below cited the following facts with regard to the circumstances in which the accident at issue occurred. In other words, the non-party 1, who was the first instance court, driven a 21/2 ton gate 12, 1965, and the non-party 1, who was at 7:50:0 a.m. on the 7:0 p.m. day, went on the road in front of the Gyeonggi-gun Pyeong-gun 180 p.m., at the same time, military juth of 5 meters away from the opposite direction to the port, and the non-party 2 (the non-party 1's son and the non-party 12 years' son and the non-party 1, who was the victim of the above non-party 1, walked the right side of the road at the right side of the vehicle (see evidence 6). However, the non-party 1, who was the victim's right side of the vehicle at the speed above 10:00 p.m.m.

However, as seen above, since the victim caused an accident while passing through the right side, which is the same as the vehicle in question, it is difficult to readily conclude that there is no fault on the part of the victim in the occurrence of the accident. Such negligence of the victim should be taken into account in the claim for damages in this case. Therefore, the lower court, which did not reach such a measure, should be deemed to have committed an unlawful act, is reasonable.

Accordingly, the part of the judgment below against the defendant shall be reversed, and this part shall be remanded to the Seoul High Court.

This decision is consistent with the opinions of the involved judges.

The judge of the Supreme Court is Hong Dong-dong (Presiding Judge) and Dong-dong (Presiding Justice)