1. The judgment of the first instance is revoked, and the plaintiff's claim for damages arising from subrogation is dismissed.

2. The Plaintiff.

1. The progress of the lawsuit and the plaintiff subject to the judgment of this court filed a claim for damages by subrogation against the insurer at the first instance court, and the first instance court accepted all the above claims.

The Defendant appealed against the above judgment, and the first instance court prior to the remanded judgment revoked the judgment of the first instance, and dismissed the Plaintiff’s claim for damages due to subrogation of the insurer.

The Plaintiff appealed against the judgment of the first instance court prior to the remand, and the first instance court reversed the judgment of the first instance court prior to the remand, and the case was remanded to this court.

The second trial prior to the remand accepted part of the claim for the takeover of the damage claim due to the Plaintiff’s non-performance of obligation which was selectively added from the first trial prior to the remand, and dismissed the remainder of the selective claims.

Section 1, 2, and 3 of the order are as follows.

1. Revocation of a judgment of the first instance;

2. Based on the selective claim added at the trial, the defendant shall pay to the plaintiff 595,686,359 won, and 6% per annum from June 10, 2010 to May 23, 2013, and 20% per annum from the next day to the date of full payment.

3. The plaintiff's remaining selective claims are dismissed.

The defendant only appealed against the judgment of the court of first instance prior to the second remand, and the second remand court reversed the part against the defendant among the judgment of the court of first instance prior to the second remand, and the relevant part was remanded to this court.

On the other hand, after the second remand, the Plaintiff selectively added the claim for the transfer money as to the damage claim caused by tort at the trial. However, as seen below at the time of addition of the above claim, there is dispute as to the point of time of addition, and one of the important issues of the instant case.

The defendant applied for the return of provisional payment.

Therefore, the subject of this Court's adjudication is ① the plaintiff's damage claim due to subrogation, ② the damage claim due to the plaintiff's non-performance of obligation which was selected by the first instance court prior to the remand.