The Deputy Secretary shall operate the motor vehicle without knowledge of the borrower and the negligence of the borrower.

The borrower shall not be deemed to be negligent for the borrower in the event of an accident while driving his/her motor vehicle without knowledge of his/her employees, at the request of the Deputy Commissioner according to the necessity and convenience of the detailed motor vehicle when he/she entrusts the motor vehicle to the Deputy Commissioner for the purpose of the detailed motor vehicle.

Article 750 of the Civil Act

Emotional pattern

Kim Heung-si

Daejeon District Court Decision 78Na201 delivered on June 14, 1979

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The plaintiff's grounds of appeal are examined.

The accident of this case occurred when the non-party, who was employed by the third secretary, who was employed by the defendant in the third secretary for the purpose of the third secretary, operated the motor vehicle owned by the defendant, without knowledge of the non-party who was employed by the third secretary, and the plaintiff requested the defendant to compensate for the damages of this case on the premise that the defendant was the user of the above non-party until the court below held that the defendant was liable for the negligence of the defendant, and it is evident in the record that the defendant was not responsible for the negligence of the defendant. Thus, the appeal that the defendant's negligence in the cause of the accident of this case was not asserted until the court below held cannot be a legitimate appeal. In addition, the appeal that the defendant argued that the defendant was responsible for the negligence of the defendant cannot be a legitimate appeal because the defendant was a new fact that did not claim until the court below's judgment. And it cannot be concluded that the defendant was negligent in the defendant's key to the third secretary for the purpose of the third secretary's vehicle.

Therefore, this appeal is dismissed. The costs of the appeal are assessed against the plaintiff who has lost. It is so decided as per Disposition by the assent of all participating judges.

Justices Han-jin (Presiding Justice)

Justices Han-jin is an overseas business trip, and thus it is impossible to sign.