The case affirming the judgment of the court below that set-off of 30% of negligence on the ground that there was an error in failing to actively refrain from driving the way to the opposite vehicle without demanding the driver to pay attention to the safe driving of the victim on the top of the motor vehicle, harming the central line, and preventing the driver from driving the way to the

In a case where a traffic accident occurred while a person was on board the front of a motor vehicle driven by a club member late at night, the case affirming the judgment of the court below which offsets 30% of negligence on the ground that there was an error in failing to actively refrain from driving the motor vehicle to the opposite line by urging the driver in a difficult situation to drive safely, breaking the central line, and preventing the driver from driving the motor vehicle to the opposite line, while driving the motor vehicle at night.

Civil Act Article 763 (Article 396)

Supreme Court Decision 79Da2271 delivered on February 26, 1980 (Gong1980, 12694) (Gong12694 delivered on February 11, 1986) 91Da4093 delivered on May 12, 1992 (Gong192, 1842)

[Defendant-Appellee] Jin-Seak, Attorney Park Jae-hun, Counsel for defendant-appellee

Magjin-in

Seoul High Court Decision 93Na42278 delivered on May 17, 1994

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

As to the Grounds of Appeal

The court below acknowledged the fact that the plaintiff, who was a member of the club of the company operated by the defendant, was faced with the accident of this case by the non-party while playing in the Dogsan Scium by using the accident of this case with the non-party who was a member of the club of the company operated by the defendant and returned to late at night, and the non-party was faced with the accident of this case while driving the vehicle of this case, and the non-party was faced with the central line of the road of this case, and caused the accident of this case. The plaintiff on the top of the above vehicle of this case was urged to pay attention to safe driving while driving the vehicle of this case while driving the vehicle of this case while it was difficult for the non-party to be able to actively refrain from driving the vehicle of this case at night, and did not neglect to actively refrain from driving the vehicle of this case with the central line, so it is proper to reduce the plaintiff's damages by 30%, and there is no error in the misapprehension of legal principles as to mistake or negligence due to the violation of the rules of evidence.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing plaintiff. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)