1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

1. The reasoning for the court's explanation in this part is as stated in Paragraph (1) of the first instance judgment, except for deletion of "(1), 39,241,130 won for treatment expenses (i.e., KRW 37,851,30 for treatment expenses (= KRW 37,850 for KRW 1,389,80 for KRW 37,851,330 for treatment expenses) due to the instant accident, (ii) loss of property equivalent to KRW 60,396,963 for lost income (i.e., KRW 13,975, KRW 212 KRW 46,421,751 for KRW 46,751)", and other mental damages are the same as stated in Paragraph (1) of the first instance judgment.

2. Occurrence of liability for compensation prohibition;

A. In full view of the following circumstances recognized based on the above facts admitted as the basis of liability, it is difficult to recognize the Defendants’ exemption from liability under the proviso of Article 3 of the Guarantee of Automobile Accident Compensation Act, as long as Defendant C’s negligence is recognized.

1) The instant accident occurred while Defendant C operated the instant engine, and Defendant C, as the owner of the instant engine suspension, had Defendant C drive the instant engine by assisting Defendant C to perform his duties. (2) Although Defendant C believed D’s signal and operated the instant engine, Defendant C was obligated to verify at any time, the form of operation of the instant engine itself, which could escape from the instant engine, as the form of operation of the said engine itself, and as such, whether the steel bars are properly integrated, and even if so, whether the balance is lost.

3) In the event that one-way of the slot Bande is tightly attached to the steel bars, the steel bars may be reduced at any time as the other is not consistent with the balance before the other is integrated into the steel bars. In particular, the possibility that the steel bars may vary depending on the rate of elevation by putting the steel bars up, and there is a possibility that the said rate is rapid or the height of the steel bars that fell at the time was too high. 4) Defendant C is related to the instant accident.