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1. Of the judgment of the first instance court, the Plaintiff jointly with the Defendants and the Plaintiff from July 4, 2015.
Reasons
1. The reasoning for this court’s explanation is as follows: (a) the Defendant Federation of the Korea Freight Trucking Services (hereinafter “Defendant Federation”) was replaced by “Defendant Federation of the Korea Freight Trucking Services” in Section 2 of the judgment of the first instance; and (b) the part of “1. Recognition” is the same as that of “Defendant Federation of the Korea Freight Trucking Services (hereinafter “Defendant Federation”); and (c) thus, this part is cited in accordance with
2. Occurrence of and restrictions on liability for damages;
A. (1) According to the above fact of recognition, Defendant A, the operator of the instant scrap, is jointly liable pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act, and the Defendant Federation, the insurer, pursuant to Article 724(2) of the Commercial Act, is jointly liable to compensate for the damages incurred by the instant accident.
(2) As to this, the Defendants asserted that: (a) at the time of the instant accident, B did not constitute “a third party” under Article 3 of the Guarantee of Automobile Accident Compensation Act (hereinafter “The Automobile Accident Compensation Act”); or (b) the Defendant Federation does not bear an obligation to pay insurance proceeds to the Plaintiff on the ground that it constitutes “driving partner” under the terms and conditions of the instant insurance contract.
The term "other person" in Article 3 of the Automobile Liability Act refers to "a person other than a person who operates a motor vehicle on his/her own behalf and a person other than a driver of a motor vehicle," and thus, a person who has been engaged in driving a motor vehicle or assisting the driver does not fall under "other person" under Article 3 of the Automobile Liability Act, and according to the evidence No. 5, the insurance contract of this case is recognized as being excluded from the driver of an insured motor vehicle in the "other person" who is subject to legal liability for
Here, in determining whether a driver is a “driving assistant”, the relationship between a driver and a driver is involved in driving activities.