구상금
1. All appeals filed by the plaintiff and the defendants are dismissed.
2. The costs of appeal shall be borne by each party.
purport, purport, and.
1. The reasoning of the court of first instance’s acceptance of the judgment is as stated in the reasoning of the judgment of the court of first instance, except for addition of the judgment as stated in the following 2.3. Thus, this is acceptable in accordance with the main sentence of Article 420 of
2. As a ground for appeal, the Plaintiff added the part of the Commercial Act provides that “When damage was caused by a third party’s act, an insurer who has paid the insurance money shall obtain the rights of the policyholder or the insured against the third party to the extent of the amount paid. However, if the insurer has paid part of the insurance money to be compensated, the insurer may exercise its rights to the extent of not infringing on the rights of the insured.” Under the above provision, the insurer shall immediately acquire the rights of the insured to the third party within the extent of the amount paid. However, if the insured has not been recovered, the amount of damages is limited to only “act” to the extent that it does not infringe on the rights of the insured. If the insured cannot exercise its rights to the third party, it is difficult to view that the part of the abandonment was infringed on the insured’s right to claim for damages against the third party, the insurer asserts that the exercise of the rights of the insurer against the Defendants did not have been limited, and thus, the difference between the amount of subrogation and the amount of damages payable by the insurer and the Defendants shall be limited to the amount of KRW 8, 90905 million won and the Defendants’ damages.
However, the scope of the insurer's right of subrogation is not recovered from the whole claim of the insured against the third party in accordance with Article 682 of the Commercial Act.