1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal shall be borne by the defendant.

1. The reasoning of the court's explanation concerning this case is as follows, except for the addition of the judgment of the parties to the case to the judgment of the court of first instance, and therefore, it is consistent with the reasoning of the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts that the accident of this case occurred by negligence according to the plaintiff's use of the plaintiff's sports organization. However, according to the purport of the witness C's testimony and pleading of the first instance court witness C, it seems that the sports organization in which the accident occurred did not have safety due to its use because the part that occurred before the date of the accident was destroyed and turned into the tape. Accordingly, it is reasonable to deem that the accident of this case was due to negligence of the defendant's failure to properly conduct the safety inspection of the sports organization. Thus, the defendant's assertion is without merit.

The plaintiff asserts that the judgment of the court of the first instance which recognized the defendant's responsibility as 60% or more in the occurrence of the accident of this case is unfair, but it is reasonable for the plaintiff to limit the defendant's responsibility to 60% in the occurrence of the accident of this case, since there is negligence using the sports organization without paying any particular attention to the safety problem of this case, and considering these circumstances, it is reasonable to limit the defendant's responsibility to 60% in the occurrence of the accident of this case. Thus, the plaintiff's argument

Furthermore, the judgment of the court of first instance with the purport of having the Plaintiff bear 2/3 of the costs of lawsuit is unfair. As such, the part against the Plaintiff regarding the costs of lawsuit in the judgment of the court of first instance should be revoked and the Defendant should be sentenced to a judgment that fully bears the costs of lawsuit. However, any objection to the judgment of the costs of lawsuit is allowed only when the whole or part of an appeal against the judgment of the merits is justified,