(영문) 대전지방법원 2020.06.10 2019나105618

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 대전지방법원 2020.06.10 2019나105618

손해배상(자)

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for this court’s explanation are the same as the reasons for the judgment of the first instance except for the dismissal as set forth in the following paragraph 2. Thus, it shall accept it by the main sentence of Article 420 of the Civil Procedure Act.

2. Each addition to "A" in the front of the 3th 19th 19th son of the first instance judgment, and "B" in the front of the 4th 10th son.

During the fourth 10th 10th 10th 10th am, “A” was added to “A,” “S 10 and 16th am,” “B,” “In fact, the Defendant indicated that he is the owner of the instant sea vehicle to H Co., Ltd. (hereinafter “H”) engaging in construction machinery rental business on July 14, 2015,” and “Wing 14th am in the same side,” respectively, “Wing 17th am in the same side,” and “Wing Ha” added to “Wing Ha or H,” and “Defendant” in the same 21st am in the same side.

The following shall be added to the five-dimensional one of the judgments of the first instance.

C. On the other hand, the Defendant asserts that the operation of the instant sea vehicle does not fall under the scope of the Defendant’s business, or that the operation of the instant sea vehicle does not fall under the Defendant’s business performance objectively, and that the Plaintiff cannot be held liable for the employer against the Defendant.

Even in cases where the illegal act of an employee appears to fall within the scope of external execution of administrative affairs, if the victim himself/herself knew, or was unable to know, due to gross negligence, that the act of the employee does not fall under the act of execution of administrative affairs by the supervisor in lieu of the employer or employer, the employer shall not be held liable against the supervisor in lieu of the

The gross negligence of the victim who is exempted from the liability of the employer shall be limited to the sum.

참조조문

-민사소송법 제420조

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