Whether the accident vehicle can be used as a cause for reducing the amount of damages by putting the accident on the vehicle without compensation.

In the event that an accident occurs while the members run an accident while they borrowed a church-owned bus without compensation, the victim took a free seat of the above accident vehicle and enjoys the profit from its operation, and barring special circumstances, it shall not be deemed a cause to reduce the amount of damages, unless there are special circumstances.

Article 750 of the Civil Act

Supreme Court Decision 86Meu251 Decided January 20, 1987

Kim Jong-hun et al., Counsel for the plaintiff-appellant Kim Jae-sik

[Defendant-Appellee] Defendant 1 and 3 others

Seoul High Court Decision 84Na3383 delivered on October 15, 1984

The part of the judgment below against the plaintiffs is reversed, and this part of the case is remanded to the Seoul High Court.

We examine the Plaintiffs’ grounds of appeal.

According to the reasoning of the judgment below, the court below acknowledged the fact that the traffic accident of this case occurred while the defendant church purchased a flag with the Do's constitution in order to use the church traveling for the worship of the believers and the events of friendship and friendship with the believers, etc., and then operated the above vehicle directly by the management department of the church and the driver without any separate management of the above vehicle, and 11 members such as the plaintiff's decoration and the non-party 1 et al. are both churches, and the plaintiff's flag and the non-party 1 et al. are all new churches, and the plaintiff's flag and the non-party 1 et al. were to use the oil flag and travel expenses collected by them for the operation of the church, and the plaintiff's flag and the non-party 1 were to use hot spring tourist with his consent from the management department of the church vehicle, and therefore, the plaintiff's flag and the non-party flag's flag are against the defendant's's compensation principle or the above.

However, in the automobile accident, it is reasonable that the victim's free admission to the vehicle involved in the accident without compensation due to the same circumstance as the court below's approval does not constitute a cause for reducing the amount of compensation unless there are any special circumstances. In addition, it is a party member's opinion (see Supreme Court Decision 86Meu251, Jan. 20, 1987). Thus, the court below's judgment which has considered the above free admission itself as a cause for reducing the defendant's liability is erroneous in the misapprehension of the legal principle as to the reduction of liability for damages. Therefore, the ground for appeal pointing this out has merit.

Therefore, the part of the judgment below against the plaintiff among the remaining grounds of appeal shall be reversed, and this part of the case shall be remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating judges.

Justices Park Jong-dong (Presiding Justice)