1. In order to recognize subrogation by an insurer against a third party of the insurer as to the grounds of appeal on the scope of coverage of exemption clause under the terms and conditions of insurance, the insurer must be liable for paying insurance proceeds to the insured. In case where an insurer pays insurance proceeds to the insured even though there is no obligation to pay insurance proceeds because it falls under losses not secured under the insurance contract, the insurer’s subrogation cannot be exercised in accordance with the legal principle of subrogation by the insurer.

(2) In light of the aforementioned legal principles and records, the Plaintiff entered into a contract with a specialized construction mutual aid association and the industrial development company that ordered the representative insured (hereinafter “clear industrial development”), and entered into a contract for liability insurance for contract contractor (hereinafter “instant insurance contract”) with respect to the “deformer removal works among the urban environment rearrangement projects,” as one of the damages not compensated by the insurer under Article 13(13)(a) of the General Terms and Conditions of the instant insurance contract, which is one of the damages not compensated by the insurer (including the subcontractor, etc.). The industrial development ordered the Plaintiff to enter into the contract for the aforementioned deformer works with the Defendant Corporation (hereinafter “Defendant Corporation”) and the first instance judgment cited by the lower court. The Plaintiff paid the instant building to the Plaintiff during the process of removing the instant land by using the Defendant Corporation’s employees, the Plaintiff paid the instant order to the Plaintiff.