Where a victim dies due to concurrent negligence of an employee, the responsibility of each employer.

In case where the negligence of each of the defendants' respective employees concurrently overlaps with each other, and the victim died, the defendants are jointly and severally liable for damages incurred to the victim due to the joint tort committed by the employees as their respective employers.

Articles 756 and 760 of the Civil Act

November 28, 1972, 72Da1176 decided Nov. 28, 1972 (Supreme Court Decision 10286 decided Nov. 1, 197, Supreme Court Decision 20Da34 decided Nov. 134, 200; Decision 570

Oral court et al.

The Government of the Republic of Korea and 2 others

Seoul Central District Court (77Gahap3906) in the first instance trial

Each appeal by the defendant is dismissed.

The costs of appeal shall be borne by the defendants.

The defendants jointly and severally pay to the plaintiff 1 the amount of 7,125,630 won, 19,376,890 won to the same Kim Jong-seok and the amount of 5 percent interest per annum from September 5, 197 to the full payment date.

The costs of lawsuit are assessed against the defendants, and provisional execution is declared.

The part against the defendants in the original judgment shall be revoked.

This part of the plaintiffs' claims are dismissed.

The court costs are assessed against all plaintiffs in the first and second instances.

1. Occurrence of liability for damages;

According to the reasoning of the judgment below, the non-party 2's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 2's non-party 1's non-party 2's non-party 1's non-party 2's non-party 1's non-party 2's non-party 2's non-party 1's non-party 1'

(2) On August 31, 197, Nonparty 1, a doctor in charge of the anesthesia of Defendant Red Cross Hospital, required an artificial absorption of oxygen to induce the above Nonparty 1 Kim Jae-in hospitalized to perform an emergency medical treatment at around 13:30 on August 31, 197. As such, the above hospital was charged with the gas container (container number 267,928; hereinafter in this case), which was supplied to high-tension oxygen by Non-Party 2, an agent of Defendant 1, for the same month, after being aware that the content of the hospital was an oxygen gas, and caused the death of Nonparty 4 to have been infected by the erode of the eromatic Kim Jae-gu’s engine, and caused the erode to have the erode of the erogenic gas, and caused the eroxiic eroxiic eroxiic eroxiic eroxiic eroxiic eroxiic ecoc ecoc.

(3) Defendant new companies collected from their respective consumers' containers, and sold them again with high voltages, etc., and used gas containers in circularly (the recovered containers shall be colored with outer colors or possession lights). Of these, it is used for artificial oxygen smoking for patients in a hospital other than industrial use, and high-pressure gas charging containers exceeding a certain period of time pursuant to Article 13(2) of the High-Pressure Gas Safety Control Act and Article 14 of the Enforcement Rule of the same Act shall undergo reinspection by the Seoul Metropolitan Government Mayor and the Do governor, and the containers which passed the container inspection shall be marked as 9 of the above Act and Article 17 of the Enforcement Rule of the same Act, and shall be marked as 13(1) of the same Act, if they are manufactured in oxygen, nitrogen, and red-dried green gas storage facilities, but shall be marked as 300 square meters of the green pressure of Defendant companies, which are in charge of green air storage and 204 square meters of the above high-pressure gas storage facilities.

(4) Meanwhile, the Red Cross Hospital of the Republic of Korea uses a oxygen for artificial smoking for patients, and without having a high-pressure gas handling manager as prescribed in Article 9 of the High-Pressure Gas Safety Control Act and Article 12 of the Enforcement Rule of the same Act, and Kim Jong-nam, who received only high-pressure gas security education in 1975 and 1976, without qualification as a technician, has caused Kim Jong-Nam to perform the external indication of the high-pressure gas container supplied to the above hospital, and to measure the degree of pressure of its contents, and to keep eight containers including the instant gas container on August 29, 197, and failed to examine the pressure (see the above 78No1282 verification records, 17No77 high-pressure Gas Safety Control Act, and some of the above verification witnesses and appraisal witnesses as well as the examination results, and each of the above examination witnesses' testimony and evidence Nos. 1 to 2001, 196 of the court below's testimony and evidence No. 2016).

Therefore, comprehensively taking account of the above facts, Defendant 1’s erode, which did not use the above erode container prior to the operation of the above bus, has a duty of care to prevent the occurrence of the above accidents by maintaining the number of passengers on board the above erode Kim Jung-hee and the above erode, which is the driver, and Defendant 1 was negligent in neglecting the duty of care to prevent the occurrence of the above accidents. In addition, Defendant 2 had a duty of care to prevent the occurrence of the danger caused by mistake of the contents of the container by using the above erode container, and it is hard to view that the above erode container did not use the above erode container as an artificial erode container because it was difficult for the above erode to ascertain that the above erode container did not have a duty of care to prevent the occurrence of the above erode by mistake of its contents. In addition, it is difficult to view that the above erode container was used by the above erode container to be used separately.

Defendant Cr. Cr. C. H. H. H. H. Kim Jae-ro only suffered injury in need of medical treatment for about eight (8) weeks in the above traffic accident, and Defendant C. Defendant C. H.C., the Red Cross, following the argument that the above L. C. H. H. Kim Jae-ro died by inhaleing hydrogen gas during treatment at the Red Cross Hospital, and Defendant C. C.C., one of the arguments that the above L.C. Kim Jae-ro did not have any possibility of birth due to the above traffic accident, and the addiction caused by the intake of nitrogen gas was not a direct death, as acknowledged earlier, and the above L.C. Kim Jae-ro’s direct death was the two g.r., and this became a private person, and there was no evidence to acknowledge the above Defendants’ assertion. Accordingly, the above Defendants’ claims cannot be accepted in entirety.

2. Scope of damages

(1) Property damage of Nonparty 1 Kim Jae-ro

In full view of the statements in Gap evidence 1 (No. 1), evidence No. 8-2 (Statistics Notice, Contents), evidence No. 4, evidence No. 6 (Benefits Payment Certificate), and evidence No. 7 (Reward Payment Clause), and the whole purport of the oral argument with the testimony of the above witness No. 999, Jun. 11, 1945, which were remaining 32 years old at the time of this accident, the above He cannot be recognized as being healthy male (the average life expectancy according to Korean simple life table) who will work as a driver of the passenger car company, and the amount of money No. 80,000 won per month from March 3, 1976, and the amount of money No. 940, Sep. 20, 2000 and the amount of money No. 950, Sept. 1, 2000, which was 800, respectively, at the time of this accident, shall be recognized as being equal to or less than 90,000.

Therefore, according to the above facts of recognition, the above net Kim Jae-ro was engaged in the above operations 110,00 won per month between the age of 55 and 273 months (within 22 years, less than 9 months, and less than 13,33 won per month (gold KRW 80,000x200/100x1/100/12), 4,43 won per year’s monthly leave leave (gold KRW 80,000x20/30x12, 4,444 won, and less than the amount recognized by the court below, and less than the amount recognized by the court below were 127,76 won, and 127,76 won was deducted from the above daily income of KRW 70,760 per month, and 25,000 per month was deducted from the above daily income of KRW 97,700 per month.7,970 per month.

Next, comprehensively taking account of the above witness Gap's evidence Nos. 5 (Retirement Allowance Payment Confirmation Board) and Gap's evidence Nos. 6 (Benefits Benefit Provisions) and the testimony of the above witness Gap's strict testimony, the amount calculated by multiplying the monthly average pay for the period of service at the time of retirement by the standard salary and bonus (for six months or more, one year shall be calculated as one year, and for twenty-four months or more), the amount calculated by adding 30 percent to the above calculated amount as retirement allowance as 55 years old shall be paid as 30 percent to the retired person as above, 197. 2. 3. 2. 3. 2. 3. . 1. 3. . . 1. 3. . . 196 . . 3. . 196 . . 3. 1. 196 . . 3. 19 . 3 . . 5. 196 . 1. 3 . 196 . 1. . . 3 . . 3 . . 19. . 14. 1. 1. . . . 1. 3 . . 3 . . . . 1. 1. . . . . . 1. . . . . . . . . . .

Therefore, it is clear that the above net Kim Jae-ro suffered property damage due to the accident is the total sum of the above recognition amount of KRW 20,814,170.

(2) Consolation money

The facts that the above deceased Kim Jae-ro died due to the accident are easily recognized in light of the empirical rule that the plaintiffs, as well as their wife, suffered severe mental pain. Thus, the defendants are obligated to pay money and pay it to the above defendant. If the defendant created all circumstances revealed in the circumstances of the above recognition, the degree of damage, the plaintiffs' status status and other arguments, the defendants should pay 700,000 won to the above deceased Kim Jae-ro and 500,000 won to the plaintiffs as consolation money.

(3) Meanwhile, the plaintiffs, co-inheritors, as co-inheritors, have inherited and acquired gold 5,378,542 won (gold 21,514,170 wonx1/4) and gold 16,135,627 won (gold 21,514,170 wonx3/4) in proportion to their respective shares of inheritance. Thus, the defendants jointly and severally have the obligation to pay to the plaintiff Ori-ju the above shares of inheritance and consolation 5,878,542 won, the sum of the above shares of inheritance and consolation 16,635,627 won, and damages for delay from September 5, 197 to September 5, 197, the date of the death of the deceased Kim Jae-ju.

3. Thus, each claim of the plaintiffs in this case is justified within the above recognized scope, and the remaining claims are dismissed without merit. As such, the original judgment with the same conclusion is justified, each appeal by the defendants is dismissed, and the costs of appeal are assessed against the defendants in accordance with the principle of the losing party's burden.

Judges Kim Sang-won (Presiding Justice)