Extent of the obligation of the driver to pay prior to the operation of the vehicle

A person who is engaged in the duties of driving a vehicle shall maintain the vehicle before operating the vehicle and, when he/she finds any malfunction in the agency or other institution after verifying the failure, he/she shall repair it and shall have the duty of care to prevent the occurrence of the accident caused by the malfunction while driving the vehicle.

Articles 750 and 756 of the Civil Act

Plaintiff 1 and three others

Korea

Gwangju High Court Decision 64Na131 delivered on August 27, 1964

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

In full view of each evidence in the judgment below, it is sufficient to recognize the fact that Nonparty 1 and Nonparty 2 are the wife of Plaintiff 1 as the same person, and the fact that he died of an accident such as the time of original adjudication, and no person is found to have violated the rules of evidence in the judgment of the court below. In addition, if a person who is engaged in driving a vehicle finds any trouble before driving the vehicle and ascertains the engine and other breakdown, he shall repair the vehicle before driving the vehicle, and shall have a duty of care to prevent the occurrence of the accident due to the malfunction during driving. However, in full view of each evidence in the judgment of the court below, it is sufficient to recognize that Nonparty 3 of the driver’s disease caused the accident by neglecting such duty of care, and therefore all arguments on the appeal are groundless.

Therefore, it is so decided as per Disposition by the assent of all participating Justices.

Supreme Court Judge Lee Young-sub (Presiding Judge)