1. The judgment of the first instance court, including a claim extended and reduced in the trial, shall be modified as follows:

The defendant.

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. The Plaintiff asserted that H was injured due to the negligence of D, the driver of the pumps of this case, and thus, the Defendant, the insurer of the above pumps, is liable to compensate H for the damages caused by the instant accident.

However, since the plaintiff paid insurance benefits to H, the plaintiff can exercise the right to indemnity against the defendant by subrogation of the right to claim damages of H.

Therefore, the Defendant is obligated to pay to the Plaintiff the Plaintiff KRW 267,684,039 (affirmative damages KRW 123,076,368) (affirmative damages KRW 72,561,642, passive damages after the period of medical care, KRW 81,046,029 - The amount already paid KRW 9,00,000) and legal interest or delay damages.

3. Determination on the establishment and scope of the defendant's liability for damages

A. According to the facts above establishing the liability for damages, it is recognized that the accident of this case occurred due to negligence in spite of an occupational duty to safely drive high-tension electric wires installed on the workplace when adjusting booms in the operation of the pumps of this case by D while driving the pumps of this case.

Therefore, the defendant, as the insurer of the above pumps, is liable to compensate for the damages incurred by H due to the instant accident pursuant to Article 724(2) of the Commercial Act.

(b) The period of time for calculating the range of damages shall be calculated on a monthly basis in principle, and the amount of less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the discount method that deducts the interim interest calculated at the rate of 5/12 per month.

It shall be rejected that the parties' arguments are not separately explained.

1) Active damages 153,845,460 won (total amount of medical care benefits paid by the Plaintiff to H) / (based on recognition / No. 10) passive damages are recognized.