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(영문) 서울중앙지방법원 2017.04.07 2016나64670
손해배상(자)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except where part of the judgment of the court of first instance is used as follows, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The parts written by the court of first instance shall have been dried up to two pages 3, 12, 4, and 4:

In addition, the Defendant, along with the Plaintiff’s driver, was affiliated with the Plaintiff’s general graduate school as a laboratory, such as the life and department of the Plaintiff’s college general graduate school. At the time of the instant accident, the Deceased was on board the Plaintiff’s vehicle, and was engaged in an ecological investigation of both documents and shocks in Jeju-do. On the date of the instant accident, the Deceased subscribed to the Plaintiff’s automobile insurance, and the Plaintiff’s vehicle was used for the said laboratory’s business. In light of all the circumstances such as the personal relationship between the Deceased and E, the purpose of the operation of the Plaintiff’s vehicle, and the operation circumstances, imposing liability for the death of the Deceased on the Plaintiff’s driver is unreasonable in light of the good faith or the principle of equity.

As such, the "liability limitation due to the fluence on board" should be recognized. In this case, even in which the deceased claimed damages against the operator's side of the fluence vehicle, the limitation of liability due to the fluence should be recognized, and in addition, the deceased and E shared the operation control and the operation profit of the Plaintiff vehicle, and therefore, the limitation of liability by the driver of the Plaintiff vehicle (E) should be recognized.

In the event that the driver of the vehicle permits the boarding of the vehicle for the convenience and interest of the passengers on board without any consideration, and the passenger receives the provision for his convenience and interest, the purpose of the operation, the personal relationship between the passengers and the operators, and the difference.

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