Main Issues
Where a victim who is in a position to direct and supervise a driver's disease fails to drive the driver's disease over his/her speed, the case deemed to be negligent by the victim.
Summary of Judgment
If the accident occurred as a result of failing to restrain the operation of the driver's disease as an appointed passenger, the fault on the part of the victim is also the cause of the accident.
[Reference Provisions]
Article 763 of the Civil Act
Plaintiff-Appellee
Plaintiff 1 and one other
Defendant-Appellant
Korea
Judgment of the lower court
Seoul High Court Decision 67Na563 delivered on May 5, 1967, Seoul High Court Decision 67Na563 delivered on July 5, 1967
Text
The judgment below is reversed, and the case is remanded to Seoul High Court.
Reasons
The grounds of appeal by the defendant Kim Jong-dae are examined.
The facts cited by the judgment of the court of first instance are as follows. In other words, Nonparty 1, who was a driver of an ambulance, was on the part of the first instance court's judgment. In other words, for the free medical treatment of the residents in the vicinity of the funeral located in the Jeon Jong-gun, Chungcheongnam-gun, 1965, the non-party 1 was on the part of the non-party 1, who was on the part of the non-party 1, who was on the part of the non-party 1, who was on the part of the non-party 1, who was on the part of the non-party 1, who was on the part of the non-party 1, who was on the part of the non-party 1, who was on the part of the non-party 1, who was on the part of the non-party 1, who was on the part of the non-party 1, on the part of the non-party 1, who was on the part of the non-party 1, who was on the part of the non-party 1, was on the plaintiff 1's defense.
This decision is consistent with the opinions of the involved judges.
The judge of the Supreme Court is Hong Dong-dong (Presiding Judge) and Dong-dong (Presiding Justice)