1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 41,345,00 on June 2017.

The scope of the court's adjudication

A. Selective consolidation of claims is a combination of claims seeking performance to the same purport or seeking the same formative effect based on several composition rights compatible with each other. In the event that several claims are joined in one litigation procedure as a condition subsequent to the acceptance of a claim, a part of the judgment dismissing only one of the selective claims is not permitted as it is contrary to the nature of selective consolidation (see Supreme Court Decision 96Da99, Jul. 24, 1998). Where several claims are selectively joined in the first instance trial and a judgment admitting one of the claims is sentenced to admitting one of the claims, and the defendant files an appeal, the appellate court may decide at will any of the several claims selectively joined, but if the appellate court accepts the plaintiff's claim, it shall be determined at will as to the whole of the plaintiff's selective claims.

(See Supreme Court Decision 2009Da12580 Decided May 27, 2010). B.

As seen below, the plaintiff's ground of claim is selected from the plaintiff, and (1) the defendant is obligated to pay damages due to non-performance of obligation or (2) compensation due to subrogation or unjust enrichment, which is stated in the purport of claim as unjust enrichment, under the condition that a certain claim shall be accepted based on several concurrent claims compatible, and thus constitutes a selective claim consolidation relationship, the court of first instance accepts part of the claim (3).