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.
Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance Co., Ltd.”) obtained authorization from the Financial Supervisory Service to handle installment sales guarantee insurance, and handled only the installment sales guarantee insurance for automobiles with 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 as of January 1, 1996. As the development of a new guarantee insurance product securing the installment financing obligation of a motor vehicle buyer was necessary, it would make a special terms and conditions of installment financing that grant an insurance claim to installment financing companies, in addition to the right to receive insurance money, from January 3, 1996, to use them in addition to the right to receive insurance money.
B. Article 1 of the General Terms and Conditions of Installment Sales Guarantee, which the Defendant Seoul Guarantee Insurance has already used, provides that “The damage suffered by the seller (hereinafter “insured”) due to the failure of the buyer to perform the obligation of installment payment as stipulated in the installment sales contract on the insurance policy (hereinafter “main contract”) and the seller shall be compensated and bound in accordance with the terms and conditions,” and the main text of Article 6(1) provides that “The insurance money to be paid by the company shall be the amount of installment payment at the due date as stipulated in the main contract.”
However, Article 1 of the Special Terms and Conditions for Installment Financing of the Defendant Seoul Guarantee Insurance is applicable to the scope of the application "this Special Terms and Conditions are less than banks, insurance companies, and installment financing companies according to the installment sale contract entered in the insurance policy.