1. The judgment of the first instance court, including the plaintiffs' claims expanded in the trial, shall be modified as follows:

1. The reasons for this part of the facts of recognition are the same as the corresponding part of the judgment of the court of first instance, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The Plaintiffs’ assertion 1) In light of the fact that the average remaining life of the people and the labor participation rate of the elderly increases, and that the labor participation rate of the elderly is higher than that of other employees in the case of transportation business employees, the deceased’s maximum working age ought to be determined by the age of 65. 2) The instant accident was caused by the Defendants’ negligence, who did not entirely take preventive measures against accidents.

3) Considering the background of the instant accident, the age and family relationship of the Deceased, etc., consolation money for the Deceased should be determined at KRW 50,000. (B) The instant accident occurred due to the total negligence of the Deceased who parked a vehicle on the decline path after the Defendants parked the vehicle on the decline path.

Even if the negligence of the Defendants is recognized, the responsibility should be limited to 50%.

2) Since the Plaintiffs received bereaved family benefits from the Korea Workers’ Compensation and Welfare Service, they should be deducted from the amount of damages. 3) The Plaintiffs should reduce consolation money in consideration of the deceased’s negligence in the instant accident, the bereaved family’s benefits received by the Plaintiffs, insurance money, agreement amount

3. According to the facts of recognition as above, the Defendants were negligent in failing to take safety measures under the relevant statutes, thereby causing the death of the deceased. As such, the Defendants are jointly and severally liable to compensate the Plaintiffs for damages caused by the death of the deceased.

4. Scope of liability for damages

(a)For the convenience of calculating lost earnings, in principle, the period shall be calculated on a monthly basis, but less than the last month and less than the cost shall be discarded, and the present price at the time of the accident shall be calculated by deducting the intermediate interest at the rate of 5/12 per cent per month.