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Commercial Act — Article 682 (Subrogation by Insurer against Third Parties)

상법 제682조

This English translation is based on the Korean text effective 2018-12-19. The Korean law has since been amended (current version effective 2026-09-10) — check the Korean original.

(1) If a loss has occurred due to acts committed by a third party, the insurer that has paid the amount of insurance coverage shall acquire the rights the policyholder or the insured has against the third party to the extent of the amount of insurance coverage paid: Provided, That where the insurer has paid part of the amount of insurance coverage payable, it may exercise such rights to the extent it does not injure the rights the insured has.

(2) Where the rights the policyholder or the insured has under paragraph (1) are for the benefit of his/her family member living together, the insurer shall not acquire such rights: Provided, That the foregoing shall not apply where the loss has occurred by intention of his/her family member.[This Article Wholly Amended by Act No. 12397, Mar. 11, 2014]

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