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(영문) 대법원 1974. 5. 28. 선고 74다80 판결
[손해배상][공1974.6.15.(490),7881]
Main Issues

Where a person without a driver's license causes an accident while driving a vehicle while leaving the vehicle without a brake system, whether all the owner of the vehicle, the number of drivers, and the driver are liable for damages.

Summary of Judgment

Where a person without a driver's license causes an accident while driving a vehicle while leaving the vehicle without the brake system, the owner of the vehicle, the driver of the vehicle, and the driver of the vehicle shall jointly and severally compensate for the damage as the owner of the vehicle or as an illegal

[Reference Provisions]

Article 3 of the Guarantee of Automobile Accident Compensation Act, Article 750 of the Civil Act

Plaintiff-Appellee

Han case et al. and six others, Counsel for the defendant-appellant-appellee)

Defendant-Appellant

[Defendant-Appellee] Ho-si and two others, Counsel for defendant-appellee-appellant

original decision

Gwangju High Court Decision 73Na224 delivered on December 6, 1973

Text

All appeals are dismissed.

The costs of appeal shall be borne by the defendants.

Reasons

The defendants' attorney's grounds of appeal are examined.

The court below held that the defendant 1 was on board the defendant 1 for the purpose of loading sand for the construction of the Han River-gu 1, Han River-gu 1, Hancheon-gu 1 (the defendant 1 was on board the river to support sand loading work at the request of the owners of Hancheon-ri 1, and that the defendant 1 did not take measures to prevent the third party from driving his vehicle without any specific reason (the defendant 1 was on board the automobile) by deducting the engine heat from the driver's office and using the driver's door door door to the effect that the defendant 1 did not have any other duty of care for the purpose of preventing the loss of the vehicle's operation (the defendant 1 was on board the automobile without any special reason to establish the accident as well as the driver's duty of care for the purpose of preventing the loss of the vehicle's vehicle's operation, and the defendant 1 did not have any other duty of care for the same reason as the defendant 1's driver's negligence. The court below held that the defendant 1 did not have any other duty of care for the accident.

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 judges.

Justices Seo-gu et al. (Presiding Justice)

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심급 사건
-광주고등법원 1973.12.6.선고 73나224
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