In the event of negligence on the part of the victim, if the perpetrator did not make a claim for comparative negligence, the case that is not taken into account in determining damages.

In the event of negligence on the part of the victim, even if the perpetrator did not claim for offsetting the amount of damages, it was not considered in determining the amount of damages.

Article 396 of the Civil Act, Article 762 of the Civil Act

Plaintiff 1 and one other

Countries

Seoul High Court Decision 66Na425 delivered on November 11, 1966, Seoul High Court Decision 66Na425 delivered on November 11, 1966

The original judgment shall be reversed, and

The case is remanded to Seoul High Court.

The grounds of appeal by the defendant Lee Jae-ok are examined;

In the first instance judgment cited by the original judgment, the first instance court's decision, based on its reasoning, had the victim non-party 1, who had the first minute ledger of the second unit of the second unit of the second unit of the second unit of the second unit of the second unit of the second unit of the defendant CYYYY 6:30 am on September 18, 1963, and had the victim non-party 2, who had been transferred to his own share of the preceding day, inspected the import status of the kice ice gun (total number 4785555) and other abnormal conditions of the victim non-party 2, who had been transferred to the victim's own share of the second unit of the second unit of the second unit of the second unit of the second unit of the second unit of the defendant CY 6:00 am on the same day. In this case, the inspector of the firearms had a duty to prevent the misunderstanding accident, and neglected this duty to check in advance whether the plaintiff's second unit of the second unit of the second unit of the second unit of the defendant's.

Therefore, the defendant state is liable to compensate for damages caused by the non-party 1's negligence in handling firearms on the main studio of the military public official under the State Compensation Act. In such a case, the victim's non-party 2 was responsible for the accident, barring any special circumstance, even though the defendant did not assert a comparative negligence, it cannot be found that the court below failed to take into account the non-party 1's fault in determining the amount of damages, without disclosing the existence of special circumstances and considering it in determining the amount of damages, and it is reasonable to discuss that this affected the conclusion of the judgment, and the judgment of the court below should not be reversed.

Therefore, the case is remanded to the Seoul High Court, which is the original judgment. It is so decided as per Disposition by the assent of all participating Justices.

Supreme Court Judge Madung (Presiding Judge) Kim Gung-bun and Madlebro