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1. The judgment of the first instance, including the Plaintiff’s claim expanded and reduced in the trial, shall be modified as follows:
Reasons
1. The reasons for the acceptance of the judgment of the court of first instance are as stated in the main sentence of Article 420 of the Civil Procedure Act, since the reasons for the acceptance of the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance except for the addition
2. The parts that are added or changed; and
A. On February 22, 2016, Act No. 17 of the first instance court ruling was followed by “F’s treatment costs and agreed amount of KRW 39,719,670 by February 22, 2016.”
(b)as set forth in Part VII of the first instance judgment, the following shall be added to "may make a request" in the second sentence:
In addition, the defendant asserts that since the insurance money that the plaintiff paid to C is paid according to the personal body accident insurance that is a life insurance, the plaintiff, the insurer, cannot exercise the right of subrogation for the defendant of C. The accident insurance is a kind of personal insurance as provided in the terms and conditions when the insured suffers bodily injury due to the accident of the insured motor vehicle that occurred during the possession, use, and management of the insured motor vehicle. However, the insurer is liable to pay the insurance money as provided in the terms and conditions, but it is a type of personal insurance. However, if the insured suffers bodily injury due to the accident that occurred rapidly and rapidly from the outside, the insurance is paid the compensation amount determined according to the results and is therefore subject to the accident insurance (see, e.g., Supreme Court Decision 2000Da21833, Sept. 7, 200). Article 729 of the Commercial Act on personal insurance cannot be exercised by subrogation for the rights of the policyholder or the beneficiary of the insurance accident.
“In the case of an injury insurance contract, if otherwise agreed by the parties, the insurer may exercise by subrogation its rights to the extent that it does not prejudice the rights of the insured.”
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However, the fact that C transferred the right to claim damages against the Defendant to the Plaintiff and completed the notification of transfer is earlier.