2. The reasoning for this part of the judgment on the cause of the claim is as follows, and this part of the judgment of the court of first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added after the seventh last end of the judgment of the first instance:

“2) The scope of the Plaintiff’s exercise of subrogation right may claim against a third party for the performance of his/her liability for damages remaining without compensating for the insurance proceeds received from the insurer (However, the liability within the limited scope by negligence offsetting, etc.; hereinafter the same shall apply). If the amount of damages remaining without compensating for the total amount of damages exceeds the amount of the third party’s liability for damages, the Plaintiff’s claim for the full amount of the liability for damages against the third party. If the remaining amount of damages is less than the amount of the third party’s liability for damages, the insured may claim for the remainder of damages.

In the latter case, the insurer may, by subrogation, claim against the third party the amount equivalent to the difference between the third party's liability and the remaining amount of damage.

(See Supreme Court en banc Decision 2014Da46211 Decided January 22, 2015, and Supreme Court Decision 2019Da216589 Decided November 14, 2019, etc.). Defendant 1’s “the scope of Defendant 1’s liability” in the 8th judgment of the first instance court is considered as “the scope of Defendant 1’s liability”.