보험금
The judgment below is reversed and the case is remanded to Seoul High Court.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. The reasoning of the lower judgment and the evidence duly admitted by the lower court reveal the following facts.
The defendant only obtained the approval for handling of installment sales guarantee insurance from the Financial Supervisory Service, and only dealt with the installment sales guarantee insurance for automobiles that the selling company as the insured under the contract for installment sales. Since January 1, 1996, the government allowed the establishment of a new installment financing company since January 1, 1996, it was necessary to develop a new guarantee insurance product that covers the installment financing obligation of a motor vehicle buyer. As from January 3, 1996, the defendant made the special terms and conditions of installment financing that grant the installment financing company a claim for insurance in addition to the right to receive insurance money, and added them to the existing terms and conditions of installment sales guarantee insurance.
B. Article 1 of the General Terms and Conditions of Sales Guarantee Co., Ltd., which the Defendant previously used, provides that “The damage suffered by the seller (hereinafter referred to as “insured”) due to the failure of the policyholder to perform the obligation of installment payment as stipulated in the installment sales contract on the insurance policy (hereinafter referred to as “the principal contract”) and the seller shall be compensated for in accordance with the terms and conditions of the insurance policy, and the main text of Article 6(1) provides that “The insurance money to be paid by the company shall be the amount of unpaid installment payment at the date of payment as stipulated in the principal contract.”
However, Article 1 of the Defendant’s Special Terms and Conditions of Installment Financing provides that “The scope of application of the Special Terms and Conditions shall apply to the case where a policyholder is paid installment money from a bank, an insurance company, or an installment financing company (hereinafter “financial institution”) according to the installment sale contract entered in the insurance policy, and Article 2 shall apply.