The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

1. Occurrence of liability for damages;

A. The reasoning for this part of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance ("the occurrence of liability for damages" 1.). Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. According to the above facts, the Plaintiff was injured due to the operation of the Defendant’s vehicle, barring any special circumstance, the Defendant, as the insurer of the Defendant’s vehicle, is liable to compensate for the remainder other than the part corresponding to the insurance money subject to liability for automobile accident compensation, out of the damages suffered by the Plaintiff due to the instant accident. As to this, the Defendant asserts that Article 17(2) of the Insurance Terms and Conditions of this case provides that “The damages to be paid by the insurer to the claimant for damage shall be limited to the amount that the insurance company bears the responsibility to pay to the insured according to the terms and conditions,” and that “the amount determined by the judgment, etc. shall be calculated according to the payment criteria of insurance money.” Thus, the Defendant asserts that the insurance money

The plaintiff's claim of this case is based on the direct claim of the victim under Article 724 (2) of the Commercial Act. The legal nature of the claim of this case is that the insurer concurrently takes over the insurer's liability for damages against the insured's victim, and the victim is the right to claim damages against the insurer, and the insured's right to claim damages against the insurer, not the right to change or change its insurance claim against the insurer. The purport of the above provision does not mean that the court is bound by the standard for payment under the terms and conditions when calculating the amount of damages that the defendant should compensate (see, e.g., Supreme Court Decision 94Da6819, May 27, 1994)