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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
purport.
Reasons
1. The reasons why the court should explain concerning this case are as follows. (1) On the third page of the judgment of the court of first instance, the statement next to the following 2. A.
(2) On the 4th to the 8th sentence of the first instance court, the entry in the statement shall also be as follows 2.B.
(3) above the 13th to the 14th to the 14th to the 2nd to the 3rd to the 2nd to the 3rd to the 4th.
In addition to adding the contents of the claim, it is identical to the statement of the reasons for the decision of the court of first instance, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. A portion used for adding or cutting;
A. If it seems that Gap evidence No. 9-1 appears to correspond thereto, it is difficult to believe that Eul, the title holder of the evidence No. 4-1, and Eul, the title holder of the above evidence No. 4-1, agreed to waive the right to claim for damages under the civil law, it is difficult to believe it as it is, in light of the fact that Eul, has an interest in the obligation to return unjust enrichment in relation to the amount equivalent to the insurance money
B. Furthermore, the Plaintiff may exercise the insurer’s subrogation right for the payment of the insurance money within the scope of the right to exercise against the Defendant. Thus, if D already agreed with the Defendant to waive the claim for damages before the payment of the insurance money, even if the Plaintiff paid the insurance money, the right to subrogation by the said agreement has already become extinct, and thus, cannot exercise the insurer’s subrogation right. However, if the Plaintiff paid the insurance money to D before the agreement to waive the claim for damages was reached, the Plaintiff’s right against the Defendant was immediately transferred to the Plaintiff within the scope of the insurance money, and even if D renounced the claim for damages against the Defendant, it cannot be recognized as an act of disposal by the unauthorized Person