1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment shall be revoked.

The defendant shall make the plaintiff 69,159.

A. Barring special circumstances, a beneficiary’s claim for damages against a third party may be subrogated to the beneficiary only within the extent of the insurance amount paid to the beneficiary (see, e.g., Supreme Court Decision 2000Da45419, Apr. 12, 2002). Accordingly, the Plaintiff may claim against the Defendant within the scope of the medical expenses equivalent to the victim’s active damages in the case of medical care benefits, and within the scope of the amount of the lost income equivalent to the victim’s passive damages corresponding to the treatment period in the case of injury-disease compensation annuities.

2 In light of the above legal principles, the following table, which is a specific amount for which the plaintiff can recover to the defendant.

In the case of an injury-disease compensation annuity of the victim who has been separately paid the insurance benefits, the scope of damages suffered by the victim as classified, the amount of negative damages 22,23,755 won 22,23,755 won 22,233,755 won positive damages of KRW 46,925,755 won positive damages of KRW 50,891,891,878 won 46,925,90 won totaling KRW 75,154,90 won 260,022,933 won 69,159,655 won * the negative damages of the victim 35,23,755 won: the balance obtained by deducting the Defendant’s 13,000,000 won paid to the National Pension Service according to the decision of this case * the positive damages of the victim 224,789,789,788 won directly paid by the Defendant 1309,708

5. Conclusion

A. Ultimately, the Defendant is obligated to pay to the Plaintiff 69,159,655 won and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from August 2, 2014 to December 24, 2015, which is the date when the Defendant rendered a substantial judgment to dispute over the existence and scope of the obligation, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

B. If so, the plaintiff's claim is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit, and the judgment of the court of first instance is this.