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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. The reasoning of the court’s explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since it is identical to the reasoning of the judgment of the first instance except for the following dismissal or deletion.
A. Part 3 of the “Restrictions on Liability” is dismissed as follows.
However, in light of all the circumstances revealed in the arguments, such as the purport of the entire pleadings and the following circumstances acknowledged through witness D’s testimony, the Plaintiff, as well as the Plaintiff, was aware of the fact that, in order to carry out the lubrication work, all of the presses equipment should be suspended and the lubation work should be carried out in the presses equipment, and there was a warning that entry into the opening outside the presses made inevitable according to the equipment process would be dangerous when entering the presss. As such, even though all safety devices are obliged to maintain their safety by neglecting their duty to maintain their own safety while operating normally, the instant accident occurred after entering the presss through the presss through which access was prohibited at the time of mechanical operation without stopping the presses. The Plaintiff appears to have contributed to the Plaintiff’s breach of duty, and thus, the Defendant’s liability should be limited to 40% of the total damages.
B. Part 5 of the “Restriction on Liability” is dismissed as follows.
According to the defendant's liability 40%, the plaintiff's property damage amount after offsetting negligence is 41,975,106 won (=248,140 won as lost income 6,689,625 won) x 0.4) as stated in the corresponding column for calculation of damages in attached Table 1.
C. Part 6 of the 6th part of the 6th part of the 6th part of the 6th part is as follows.
Therefore, the defendant 47,148,226 won = 41,975,106 won - 12,826,880 won 18,00.