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1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. The reasoning for this part of this Court’s reasoning is the same as that of the corresponding part of the reasoning of the judgment of the first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act
2. Occurrence of liability for damages;
A. According to the above facts of the occurrence of responsibility, Defendant B, a person in charge of the safety supervision, directed work at the site of the accident of this case, violated the duty of care to install safety devices, such as devices for supporting workers, to prevent the Plaintiff from falling on the floor when carrying out work on the container.
Defendant C breached the duty of care to drive safely the vehicle so as not to be exposed to the people in the vehicle forkive drivers.
Defendant D is the user of Defendant C, and violated the duty of care to sufficiently educate the safety rules so as not to work in a dangerous manner to Defendant C.
The instant accident occurred due to the negligence of the Defendants.
Therefore, the Defendants are jointly and severally liable to compensate the Plaintiff for the damages caused by the instant accident.
B. According to the testimony, etc. of the witness I of the lower court limiting liability, the Plaintiff did not require Defendant B, etc. to install safety facilities or to provide safety equipment, and it is recognized that the Plaintiff neglected to perform the duty of care to promote safety by performing the work on the Poke, which was dangerous by his own initiative decision, not by the Defendants’ instruction.
Inasmuch as the Plaintiff’s error was one of the causes for the expansion of damages caused by the instant accident, the Defendants’ liability is limited to 30% in consideration of such overall circumstances.
3. The specific scope of liability for damages shall be as follows:
In principle, the period for the convenience of the calculation shall be calculated on a monthly basis, but the period of less than the last month and less than KRW 1 shall be discarded.
The amount of damages is the accident.