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(영문) 대법원 2015.12.24 2015다200838

구상금

Text

The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. In ordinary terms and conditions of automobile insurance, the provisions of the general terms and conditions of automobile insurance stipulate that "where the policyholder or the insured transfers the insured automobile during the insurance period, the rights and obligations of the policyholder and the insured arising from the existing insurance contract shall not be succeeded to the transferee of the insured automobile, but where the policyholder is notified in writing to the effect that it would transfer this right and obligations to the transferee of the insured automobile, and the insurance company approves it by the insurance company, the existing insurance contract shall apply to the transferee from the time of approval by the policyholder or the named insured (hereinafter referred to as "transfer terms and conditions") and that "where the policyholder or the named insured transfers the existing insured automobile during the insurance period and replaces it with another automobile of the same type as the former one, the policyholder shall be notified in writing to the effect that the policyholder will succeed to the existing insurance contract from the time of approval by the insurance company, and in this case, the effect of the existing insurance contract on the insured automobile shall be lost at the time of the above approval (hereinafter referred to as "transfer terms and conditions"), the insurer shall be deemed as the mandatory insurance contract and the insured automobile within the scope of 15th day (15th day).

These mandatory insurance policy provides that the insured motor vehicle has been transferred during the insurance period.