Liability for damages caused by an accident to the hotel by a customer who uses the hotel on the side of the hotel.

The hotel age club and the employee who is in charge of parking information while entering the hotel shall put the dynamics and the customer who requested the parking and keeping of the vehicle shall not be liable to compensate for the damages caused by an accident caused by the employee's unauthorized operation of the vehicle.

Article 756 of the Civil Code, Article 3 of the Guarantee of Automobile Accident Compensation Act

Plaintiff 1 and six others

Defendant corporation

Seoul District Court Branch of the Seoul District Court (85 Ghana2692)

The part against the defendant in the original judgment shall be revoked, and the plaintiffs' claims shall be dismissed.

Plaintiff 1’s incidental appeal is dismissed.

All the costs of lawsuit are assessed against the plaintiffs in the first and second instances.

The defendant shall pay to the plaintiff 1 the amount of 26,124,202 won, 500,000 won for each of the remaining plaintiffs, and 50,000 won per annum from September 16, 1985 to the date of delivery of the complaint, and 25% per annum from the next day to the date of full payment.

The judgment that the costs of lawsuit shall be borne by the defendant and the declaration of provisional execution are sought.

Plaintiff 1 shall revoke the part against the Plaintiff in the original judgment.

The defendant shall pay to the plaintiff the amount of 1,192,902 won and the amount of 5% per annum from September 16, 1985 to March 27, 1986, and 25% per annum from the next day to the date of full payment.

The court costs are assessed against both the defendant and the judgment of provisional execution, and the defendant has the same judgment as the judgment of the court.

1. On September 15, 1985, Nonparty 1, the chief of the office of the defendant company, driving a car (vehicle number omitted) owned by the defendant company at the Young-dong hotel in Gangnam-gu, Seoul, operated the above hotel's age club room room, and applied for parking by Nonparty 2, who is an employee of the above hotel's 3,5,67,9,13, and the testimony of the witness of the court below, for the whole purport of the pleading. On September 15, 1985, Nonparty 1, the chief of the office of the defendant company, was driving a car (vehicle number omitted) at the above hotel's age club room in Gangnam-gu, and asked Nonparty 2, who is in charge of guiding the parking of the above hotel as an employee of the above hotel's 3,5,7,913. Nonparty 2 was parked at the time of the above hotel's request of the above 3-dong hotel to 4,000 square meters prior to the above 3-dong hotel's death.

2. The plaintiffs asserted that the above vehicle driving act of the non-party 2 did not lose the operating control and operational benefits of the above vehicle, and that the defendant operated for the defendant in an objective and external manner, and that the above accident occurred due to the failure to manage the vehicle, and on the premise that the defendant is liable for damages arising from this accident, the defendant claimed that the plaintiff 1, who is the mother of the above 1,01,560 won for medical expenses, 20,877,307 won for the profit loss of the non-party 3 (the female of January 24, 1960), who is the victim, sought payment of the money stated in the purport of the claim as consolation money, under the premise that the defendant is liable for damages arising from this accident.

In light of the above-mentioned circumstances, where Nonparty 1, the head of the business division of the defendant company, entered a hotel age club, and was in charge of parking guidance, who was an employee of the hotel age club, requests parking, and Nonparty 2, who was in charge of the above-mentioned vehicle parked and kept the starting heat, is deemed to have reached an agreement to deposit the above vehicle, rather than simply allow the hotel to stop within his own control (the damages related to the vehicle which is the deposited object, are responsible for the public entertainment businessman under Article 152 of the Commercial Act). Moreover, in consideration of the circumstances that the above vehicle's parking and storage in the hotel of the above vehicle are kept in an appropriate place at the discretion of the hotel's age club, it is reasonable to view that Nonparty 1, who was in charge of the above-mentioned vehicle, operated the above vehicle without permission, is not in charge of parking management for the vehicle without permission, even if Nonparty 2, who was in charge of the above vehicle's age club, and it is not in charge of the above vehicle's duty to keep the above vehicle's age.

In addition, it is difficult to find out that the entry of a hotel's age club to a hotel parking guide has any error in the vehicle storage and management. Therefore, it is not possible to impose liability for damages related to this accident on the defendant.

3. Therefore, the plaintiffs' claim of this case should be dismissed without reason. However, since the original judgment has partially accepted the opinion different from this court, it is unfair that the original judgment has accepted it, the part against the defendant in the original judgment has been revoked, and the plaintiffs 1' incidental appeal is dismissed, and therefore, the costs of the lawsuit are assessed against the losing party.

Judges Lee Young-tae (Presiding Judge)