1. The part of the judgment of the court of first instance against the plaintiff equivalent to the amount ordered under paragraph (2) shall be revoked.

2...

1. The reasoning for this part of the judgment of the court of first instance is the same as the judgment of the court of first instance, except for the dismissal of the corresponding part of the judgment of the court of first instance as follows. Thus, this part of the judgment is cited as it is by the main sentence of

C. The Plaintiff, as an insurer, paid KRW 154,671,010 with medical expenses and death insurance money for the Deceased, and KRW 1,340,000 with the insurance money for the Plaintiff’s total loss of the Plaintiff’s vehicle until December 26, 2018 (no own charge) as the insurer, and paid KRW 156,01,01,010 with the insurance money for the Plaintiff’s total loss of the vehicle.

2. The reasoning for this part of the judgment of the court regarding the cause of the claim is as follows, except for the addition of the corresponding part of the judgment of the court of first instance as follows. Thus, this part of the judgment of the court of first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(2) The Defendant’s liability calculated on the compensation amount is as follows.

① The amount of liability for the death of the deceased (the cost of medical treatment, lost income, funeral expenses, consolation money): 43,507,881 won [The amount of damages on property x 20,000 won in consideration of the negligence of the deceased x 117,539,405 won x 20%) (2) The amount of liability for the damage of the Plaintiff’s vehicle (=1,340,000 won x 20%) (=1,340,000 won x 20%) ③ Total amount of KRW 43,75,81 won.

D. (1) Article 682 of the Commercial Act provides, “Where damage has occurred due to a third party’s act, an insurer who has paid the insured amount shall acquire the rights of a policyholder or the insured with respect to such third party to the extent of the amount paid. However, where the insurer has paid part of the insured amount to be compensated, the insurer may exercise its rights to the extent that does not prejudice the rights of the insured.” Thus, where the insured has not received the insurance amount from the insurer, and there remains any amount of damages the insured has not been compensated, the insured may claim against the third party corresponding to such negligence.”