1. Of the judgment of the court of first instance, the defendant who was finally and conclusively sentenced to a judgment of remand (Supreme Court Decision 2015Da225233 Decided December 23, 2015) is against the defendant.

1. After remanding, the Plaintiff at the first instance court, the insurer of D, claimed KRW 78,165,032, and KRW 20,000,00 in total, KRW 98,165,032, due to damages arising from D’s tort.

The court of first instance accepted 35,296,775 won, consolation money 8,00,000 won, and the defendant appealed against this, and the plaintiff filed incidental appeal.

The judgment before remanding the part of the judgment against the defendant ordering payment exceeding 10,864,340 won (property damages of KRW 3,864,340,000) and damages for delay, and dismissed the plaintiff's claim corresponding to the cancelled part.

As to this, the plaintiff appealed to the part against the plaintiff in the judgment of the party before remand, and the Supreme Court rendered a judgment that reversed and remanded the part against the plaintiff in the judgment of the party before remand.

Therefore, the part in favor of the Plaintiff in the trial before remanding the case was final and conclusive at the time of the final appeal and excluded from the scope of the trial after remanding the case (see, e.g., Supreme Court Decision 90Da18036, May 24, 1991). The scope of trial after remanding the case is limited to the part against the Plaintiff in the judgment before remanding the case, and the amount of the Plaintiff’s claim is as stated in the purport of the claim.

2. Occurrence of liability for damages;

A. 1) On May 16, 2012, the Plaintiff: (a) Hatoba (hereinafter “the instant Oba”), around 17:55, around 17:55, 2012,

) The two-lane road (hereinafter referred to as the “instant road”) in front of G in the F of the Gangseo-gu Kim Chang-gun, Gangwon-do.

(1) The Plaintiff’s vehicle was left left by the eM7-car (hereinafter “instant vehicle”) following the Plaintiff at that time. The Plaintiff’s vehicle was left by the eM7-car (hereinafter “instant vehicle”).

D, while driving, is proceeding with the opposite opposite lane beyond the center line of yellow domin line to overtake the plaintiff.