The case affirming the court below's measure that reduced the amount of damages by 40 percent by the victim who was accompanied by a siren accident vehicle to a certain extent and shared the operation control and operation profit of the motor vehicle.

The judgment of the court below is justified in light of the above facts, since the non-party Gap, Eul, and Byung, as a military volunteer, share not only the non-party Eul and Byung's driver, but also the eurcian company Eul's operating control and operating profit to a certain extent. It is against the fundamental purpose of the damage compensation system under which the fair burden of damages is the guiding principle, and thus, the non-party Eul's compensation should be reduced in calculating the amount of damages in consideration of the above reasons, and the non-party Eul's compensation should be reduced in consideration of the above facts. The non-party Eul and Byung should share not only the non-party Eul, the driver, but also the eurc company Eul and Byung's eurc company's compensation for all damages suffered by the non-party Eul and Byung.

Articles 763 and 396 of the Civil Act, Article 3 of the Guarantee of Automobile Accident Compensation Act

Park Jong-tae et al., Counsel for the plaintiff-appellant Kim Jong-hee

Syrenk Company

Seoul High Court Decision 90Na43980 delivered on December 6, 1990

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

1. Judgment on the ground of appeal No. 1 by the plaintiffs' attorney

According to the reasoning of the judgment of the court of first instance as cited by the court below, all of the deceased non-party 1 and the deceased non-party 1 and the deceased were trained at the early military base of the Army of the Army of the Army of the Republic of Korea. In order to play in Daegu from the weekend at the time of the accident of this case, the deceased non-party 1 entered into a lease agreement to lease one motor vehicle between the defendant operating the vehicle leasing business, and the non-party 1 becomes the deceased non-party 1's guarantor regarding the above lease agreement. The non-party 4 of the above non-party 1 was the deceased's share of the expenses and driven by the deceased non-party 1 on the lease of the motor vehicle. The above non-party 1 recognized the death of all the non-party 4 of the deceased who were driven by the deceased non-party 1 on the lease of the motor vehicle, and compared with the related records and review, it cannot be viewed that there was an error of violation of the rules of evidence, such as the theory of lawsuit, as in the judgment below.

2. Determination on the ground of appeal No. 2

If the facts are duly determined by the court below, in light of the situation of the vehicle's operation, personal relations with the driver and the purpose of operation, etc., the non-party 1's deceased seat and the last red net are shared to a certain extent as well as the deceased non-party 1's driver's operation control and operation profit. Thus, it is against the fundamental purpose of the damage compensation system that provides the defendant with the compensation for all the damages suffered by the non-party 1's deceased seat and the last red net due to the above accident as the guiding principle. Thus, in calculating the amount of damages to be compensated by the defendant, it is reasonable to reduce the amount of damages to be compensated by the defendant in consideration of the above reasons, but it is reasonable to regard it as 40% in light of the above facts, and the judgment of the court below that it is reasonable to view it as 40% in light of the above facts, and it is not acceptable to accept the guidance of this case.

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Jae-ho (Presiding Justice)