Text
1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the following modifications or additions. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary or written in addition] The "accident" in Part 16 of the Decision of the Court of First Instance 3 is added to the following.
Part IV of the decision of the first instance court shall add to the following:
B. In general, in cases where an employer suffers direct loss due to a tort committed in relation to the performance of duties by an employee, or a third party who is the victim, as a result of the employer's liability for damages, the employer shall be deemed to be able to claim compensation for damages or exercise the right to indemnity against the employee only to the extent deemed reasonable under the good faith principle in light of the nature and scale of the business, the status of the facility, the details of the employee's work and working conditions, the degree of consideration of the employer about the cause and nature of the harmful act, the prevention of harmful act and the distribution of losses, and other circumstances (see, e.g., Supreme Court Decisions 86Da1045, Sept. 8, 1987; 95Da52611, Apr. 9, 196).