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Of the judgment of the first instance, the part against the Defendants exceeding the amount ordered to be paid shall be revoked.
Reasons
Basic Facts
The reasoning for this part of this Court is the same as that 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 of recognition as above, Defendant F, a caregiver, is liable for damages to the deceased and the plaintiffs caused by the accident of this case jointly with the employer of Defendant F, inasmuch as Defendant F, a caregiver, provided the deceased suffering from the elderly dementia and suffering from food search as they are, and neglected to take them into action, thereby causing the deceased's death. As such, Defendant F is liable for damages caused by tort, and Defendant E is jointly liable for damages to the deceased and the plaintiffs caused by the accident of this case.
However, it is reasonable to limit the Defendants’ liability to 80% in full view of the following circumstances acknowledged by the aforementioned evidence and the purport of the entire pleadings, namely, that Defendant F appears to have caused the instant accident between the instant accident, considering the fact that the instant accident appears to have occurred between the instant accident and the deceased, and the physical attitude of the deceased appears to have affected the occurrence of the instant accident (in the sentencing of a criminal judgment, it was considered that the negligence of the deceased was concurrent in the sentencing of the criminal judgment and the instant accident occurred).
1) Funeral expenses of KRW 5 million (Plaintiffs claimed KRW 16,479,100 as funeral expenses, but in light of the purport of the Act on Funeral Services, etc. and the Act on the Settlement and Support of Sound Family Matters for the purpose of rationalizing funeral awareness and expenses, etc., regarding the portion exceeding five million won recognized in light of the empirical rule, among funeral expenses paid by the Plaintiffs, cannot be deemed as expenses having proximate causal relation with the instant accident.
(2) After limitation of liability, the reason for taking into account 4 million won ( Funeral expenses of KRW 5 million x 0.8) 3): The background leading up to the instant accident, and at the time of the instant accident.