11세의 어린이가 외삼촌이 운전하는 어머니 소유의 자동차에 동승하였다가 추돌사고로 손해를 입은 경우, 피해자와 운전자의 과실상계 비율을 달리 인정한 원심판결을 파기한 사례.
In a case where the judgement of the lower court that the ratio of comparative negligence between an 11-year-old child, who was accompanied by a mother-in-law's car driven by an uncle and was damaged in a collision, and the driver was differently recognized is reversed.