1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition to the following shall be revoked.

1. The grounds for appeal by the plaintiff and defendant of the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and decision of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning of this court's judgment is the same as the reasoning of the judgment of the court of first instance, in addition to the following parts added or dismissed, and thus, they are cited in accordance with the text of Article 420 of the

2. A part concerning addition or height;

(a)in addition, the following shall be added between the fourth seven deeds and 8 of the decision of the first instance:

The amount of comparative negligence in tort is set in consideration of the victim’s negligence in determining the amount of compensation in accordance with the principle of equity or good faith. Considering the various circumstances, such as the degree of intentional negligence by the perpetrator and the victim, occurrence of illegal act, and expansion of damages, the scope of compensation is set in consideration of the victim’s negligence. However, determination of the fact-finding or ratio with respect to the grounds for comparative negligence falls under the exclusive authority of the fact-finding court unless it is deemed that it is considerably unreasonable in light of the principle of equity (see, e.g., Supreme Court Decision 2015Da242429, Feb. 13, 2018). The Defendant’s illegality is not somewhat unfavorable in light of the degree of assault against D by the Defendant as seen earlier, the result of the injury, circumstances after the

B. The height of the judgment of the first instance court is as follows: (a) the fourth C-2 of the judgment of the first instance court:

As seen in the foregoing, as the Plaintiff provided insurance benefits for the treatment of D from April 17, 2018 to July 3, 2018, the Plaintiff is entitled to the damages claim for KRW 34,705,450 that the Plaintiff paid as insurance benefits out of D’s damage claim.

In addition, the amount of offsetting negligence in the amount of damages of D arising from treatment during the above period = KRW 26,80,403 = total medical expenses of KRW 38,286,290, KRW 3,580,840.