1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. The reasoning of the court of the first instance’s explanation concerning the instant case is as follows, and thus, it is consistent with the reasoning of the first instance judgment, except where the instant case is used or added as follows. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act

2. A part of the court of first instance, which is to be used or added, shall be subject to the following parts: (a) calculation and (b) daily income after offsetting No. 6 of the court of first instance (i.e., 6).

“2) Calculation: Compensation for damages is aimed at compensating for damages. Therefore, deduction of the amount of benefits from the actual income in the event the victim has already received temporary layoff benefits, disability benefits, etc. under the Labor Standards Act or the Industrial Accident Compensation Insurance Act from the amount of compensation for the actual income can be made between the same nature of the damage and mutually complementary relationships (see Supreme Court Decision 93Da61703, Apr. 25, 1995). Since temporary layoff benefits correspond to the actual income during the period of medical care, it should be deducted from the amount of damages equivalent to the actual income during the period of medical care.

According to the statements in Eul evidence 7 and 8, the plaintiff is recognized to have received temporary layoff benefits from the Korea Workers' Compensation and Welfare Service for the period of the medical care from November 17, 2013 to June 7, 2016: Provided, That since the defendant is a person who has to deduct temporary layoff benefits from the actual income during the above period as of May 31, 2016 from the application for the change of the purport of the appeal made on March 26, 2018, the defendant is entitled to deduct the temporary layoff benefits from the actual income during the above period as of May 31, 2016, the daily income is divided

① From June 1, 2016 to October 1, 2026, the aggregate amount of KRW 40,261,631 in total: From June 1, 2016 to June 1, 2026: 118,257,957 won in total: 40,261,631 won in daily income to offset the Plaintiff’s negligence by 30% in the aforesaid period: 28,183,141 won in cases of offsetting the Plaintiff’s negligence from KRW 40,261,631 in daily income to KRW 40,261,631 in total; hereinafter the same shall apply.

In this regard, if the corresponding amount of temporary layoff benefits is deducted from 38,867,760 won, the actual income does not remain any longer, and the actual income does not remain during the above period.