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1. The judgment of the first instance court, including the claims extended in the trial, shall be modified as follows:
The plaintiff 1.
Reasons
Basic Facts
This part of this Court's reasoning is the same as the corresponding part of the judgment of the court of first instance. Therefore, this part of this Court's reasoning is cited by the main text of Article 420 of
According to the evidence that was incurred prior to the occurrence of the liability for damages against Defendant B, Defendant B was under the influence of alcohol at the time of the instant accident.
As such, all the persons attending the drinking place, including Defendant B and the Plaintiff, engaged in drinking. In particular, the Plaintiff, alone, was under the influence of alcohol to the extent that they can not be classified into body. Moreover, in order for the Plaintiff to have the drinking place located on 3rd floor and come back, the Defendant B was under the duty of care to prevent the occurrence of an accident, such as waiting for the Plaintiff to stop his body or wanting for help from the surrounding persons, such as the main staff, etc., until the Plaintiff can be classified into body in drinking. In addition, the Plaintiff was under the duty of care to immediately request rescue and take measures so that the Plaintiff can receive medical treatment if a situation where the Plaintiff was under the influence of drinking and could suffer serious injury.
Nevertheless, Defendant B violated such duty and caused the instant accident, which caused the Plaintiff’s occupational injury to the Plaintiff, despite being able to anticipate that the Plaintiff suffered serious injury to his head or the inner part of the Plaintiff, but did not immediately request emergency rescue and take necessary measures for treatment, such as requesting the Plaintiff’s immediate rescue and returning the Plaintiff back to G.
Therefore, Defendant B is liable for damages sustained by the Plaintiff due to the instant accident as a tort.
The instant accident occurred prior to the limitation of liability, taking into account the following circumstances revealed by the facts and the evidence as seen earlier.