1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Basic Facts

The court's explanation on this part is the same as the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Judgment

According to the facts found above, the Defendant, by negligence, caused damage to the Plaintiff by destroying the instant machinery by causing the instant accident. Therefore, barring any special circumstance, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff totaling KRW 153,780,216 (i.e., the amount of indemnity liability of KRW 139,291,588, the amount of indemnity liability of KRW 14,488,628) and damages incurred therefrom.

In general, in cases where an employer has suffered direct loss due to a tort committed by an employee in relation to the performance of his/her duties, or has suffered loss as a result of the employee's liability for damages to a third party, the employer may claim damages against the employee or exercise the right to indemnity only to the extent deemed reasonable under the good faith principle in light of the nature and scale of his/her business, status of facilities, details of his/her duties, working conditions and attitude of his/her employee, causes and nature of the harmful act, the extent of employer's consideration about the prevention of the harmful act or the

(See Supreme Court Decision 2009Da59350 Decided November 26, 2009, etc.). The following circumstances, i.e., ① the height of packaging the instant machinery was packed at a level of approximately 5 to 10 meters higher than the height of container, so the relevant personnel in charge could not have loaded the instant machinery on the container; the height was adjusted; the Defendant, who was in charge of packing affairs, returned to a business trip and transferred these circumstances; ② Notwithstanding the fact that the Defendant lowers the height, such as removal of the source of the instant machinery, etc.