The case holding that a motor vehicle manufacturer shall be held liable for damages as an operator for a traffic accident which occurred in the course of the carriage by the transport service provider to the delivery place requested by the buyer after receiving additional transportation charges from the buyer for the delivery of the motor vehicle.

Article 3 of the Guarantee of Automobile Accident Compensation Act

Pool Forest and 3 others

Suwon Automobile Corporation

1. The defendant shall pay to the plaintiff Cho Jong-soo the amount of KRW 22,819,774, the plaintiff's abnormal salary, the amount of KRW 11,746,516 for each of them, and the amount of KRW 5% per annum from June 29, 191 to April 25, 1992, and the amount of KRW 25% per annum from the next day to the date of full payment.

2. The plaintiffs' remaining claims are all dismissed.

3. The costs of lawsuit shall be divided into four parts, one of which is the plaintiffs, and the remainder shall be borne by the defendants respectively.

4. Of the money set forth in paragraph 1, the Plaintiff’s class forest can be provisionally executed only for KRW 15,000,000,000, for the Plaintiff’s class or higher, and KRW 8,000,000, respectively.

The judgment of the court below that the defendant shall pay to the plaintiff farging the plaintiff farging 34,007,227 won, the plaintiff farging 18,338,151 won per annum from June 29, 191 to the date of the decision of this case, and the amount equivalent to 25 percent per annum from the next day to the date of full payment.

1. Occurrence of liability for damages;

A. Grounds for liability

(1) At around 13:40 on June 29, 1991, Nonparty 2: (a) operated a temporary number 129565 on a Spanish road owned by the Defendant; (b) proceeded on the second line of the second line in front of the party road in front of the party road located in repair at the Gyeonggi-gun, the second line of the second line of the second line of the two line of the two lines of the two lines of the two lines of the two lines of the two lines of the two lines of the company road located in the Gyeonggi-do, and cut back to the first line on the first line, and continued to evis up the buses of No. 52362, 525, the opposite line of the two lines of the two lines of the two lines of the two vessels, where the two lines of the two lines of the two lines of the two vessels of the vehicle and the two parallels of the two parallels of the two vessels, where the opposite line of the vehicle was in progress.

(2) The plaintiff Lee Jong-soo was the wife of the above non-party Lee Jong-soo, the constitution of the above non-party Lee Jong-soo, and his children.

[Evidence]

Gap evidence 1-1, 2, 3, 3, 10-3, 5, 6, 7, 8, 9, 10, 11, 12, and 14, and the whole purport of pleadings

(3) If so, the defendant is liable to compensate the above non-party deceased and the plaintiffs for the damages caused by the above accident as the operator of the above automobile.

B. Determination as to a claim for discharge

(1) The defendant asserts that he is not responsible for the accident of this case, because he is not the operator of the vehicle involved in this accident. (A) The non-party Kim Young-soo independently performs his duties as a consignor who is to receive the consignment of the vehicle from the defendant, and is to receive the consignment, and there is no command, supervision or principal relationship between the defendant and the defendant, and the transportation fee is paid once a day, so the operation control and operation profit of the vehicle involved in this accident belongs to the above Kim Young-soo, and the above separation is well known of the above relationship between the above Kim Young-soo and the defendant. (b) The defendant entered into a sales contract on April 15, 191 with respect to the vehicle involved in the accident of this case on behalf of the defendant, since the delivery place according to the above sales contract is in principle the defendant's factory, and when the delivery place is changed according to the circumstances, it is not the transportation contract between the defendant and the above delivery place, and the defendant designated the transportation contract with the above transportation contract to the above carriage place.

(2) Therefore, in full view of the whole purport of the oral argument in light of the following: (a) the Defendant entered into a transport contract with the above Kim Jong-man, Eul evidence No. 1, Eul evidence No. 2, and witness view that there were many cases where the Defendant’s request for the transportation of the vehicle during the delivery of the automobile produced by the Defendant; (b) accordingly, the transport service provider, such as the above Kim Young-soo, required transportation service provider to transport the vehicle at the time and place designated by the Defendant in accordance with the Defendant’s order of delivery; and (c) the Defendant agreed to pay in advance the insurance premium; and (d) the risks therefrom, as part of the general transport service, the Defendant entered into a transport contract with the above Kim Jong-man, which was the transport service provider, and had the buyer enter into a transport contract with the Defendant or the customer, and thus, the seller requested the above transportation service provider’s purchase of the vehicle from the Busan-type Kim Jong-soo’s service contract, and there was no reason to acknowledge that the seller received the above transportation charge from the seller of the vehicle.

C. Whether liability is limited

The defendant asserts that the above moving-out should be taken into account in calculating the amount of compensation, since he was negligent in not preventing the accident because he was not able to drive the above Kim Jong-soo as he was on the side of the driver's seat of the motor vehicle involved in the accident, but he did not indicate that the driver of the motor vehicle involved in the accident was on the side of the driver's seat of the motor vehicle involved in the accident, and therefore, the above assertion by the defendant is groundless.

2. Scope of damages.

(a) Actual income:

The damage from lost income suffered by the deceased in the accident of this case is 33,941,756 won calculated at the present price at the time of the accident of this case according to the discount method which deducts interim interest at the rate of 5/12 per month based on the facts of recognition and evaluation as follows (1).

(1) Facts of recognition and evaluation

(A) Gender: Date of birth of male: October 3, 1935

Age (at the time of an accident): 5 years of age and 8 months: 18.43 years of age;

(B) Occupation and career: from Sep. 24, 1973, the defendant company works as a Do security guard for the books belonging to the defendant company.

(C) Actual monthly income: 1,083,742 won (this salary is 502,138 + 30,000 won for production and sale allowances + 70,000 won for overtime and holiday work allowances + 135,535 won for overtime and holiday work allowances + 321,069 won for security allowances + 10,000 family allowances + 15,000 won for family allowances) (On the other hand, while the plaintiffs are seeking annual and food allowances, they do not recognize the basic income for compensation for damages since they are not fixed and continuous income or for compensation for actual expenses).

(d) Operating period: by the end of the month in which he reaches sixty years of age;

(e) Cost of living: 1/3 (no dispute exists) of revenues;

[Evidence]

Gap evidence 1-1, Gap evidence 4, Gap evidence 5-1 through 10, Gap evidence 6, Gap evidence 7, and Gap evidence 9,

(2) the period and calculation;

During 51 months from the date of the above accident to the maximum working age (less than 51 months for the convenience of calculation): 722,494 won (1,083,742 won x 2/3) (hereinafter the same shall apply) each month.

722,494 won ¡¿ 46.1567 =3,347,938 won

(b) Daily retirement allowance;

(1) Payment Regulations: The average wage of 30 days per year for each continuous service period, monthly wage of less than one year, and the wage of less than one month shall be calculated on a daily basis.

(b) Average wages of 30 days: 1,282,112 won; and

(c) Anthraly retirement allowance: 22,782,418

(d) Calculation: 1,282,12 won 】 (22 +12 + 12 +8/365) x 0.8219-22,78418 won =51,385 won.

(c) Funeral expenses.

Funeral expenses of the deceased of the above non-party 1,200,000 won (no dispute exists) paid by the plaintiff Lee Jong-soo

(d) Condolence money;

(1) Reasons for taking into account: age, family relation, property and level of education, circumstances of accidents, degree of fault on the part of the injured party, and other various circumstances shown in the arguments in this case.

(2) Amount;

Nonparty Deceased: 10,000,000 won

Plaintiff Embling Forest: Gold 7,000,000 won

Plaintiff’s higher class, higher class, contribution, and previous class: each gold of KRW 2,000,000.

(e) Inheritance relationship;

(1) Property inheritor: Plaintiff Embling forest (3/9 shares)

Plaintiff’s higher salary, higher constitutionality, and already won (each of 2/9 shares)

(b) Inheritance amount: 43,859,323 won in total (33,347,938 won in daily income + 51,385 won in daily retirement allowance + 10,000,000 won in total);

Plaintiff Embling Forest: 14,619,774 won (43,859,323 won x 3/9)

The plaintiff's abnormal salary, higher contribution, and previous aid: each gold 9,746,516 won (43,859,323 won x 2/9)

3. Conclusion

Thus, the defendant is obligated to pay to the plaintiff's worship 22,819,774 won (14,619,774 won + funeral expenses 1,200,000 + 7,000 won + 7,000 won), the plaintiff's abnormal salary, abnormal salary, and 11,746,516 won each (2,00,000 won + 9,746,516 won + 2,00,000 won) and each of them, from June 29, 191 to April 15, 1992, the date of the decision of this case, from the next day to the date of full payment, to the date of the decision of this case, 5% per annum as stipulated in the Civil Act, and 25% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Thus, the plaintiffs' claims are accepted within the scope of the above recognition, and all of the remaining claims are dismissed as per Article 98 of the Civil Procedure Act.

Judges Kim Young-soo (Presiding Judge) Lee Jong-ho