[2] The case holding that the insurer, which was changed to the direct payment method on the ground that the balance of account for automatic transfer of installment premiums is insufficient during the period of one month allowed to the policyholder, cannot terminate the insurance contract on the ground that the policyholder's unpaid insurance premiums are not paid

[2] The case holding that the insurer, which was changed to the direct payment method on the ground that the balance of account for automatic transfer of installment premiums is insufficient during the period of one month allowed to the policyholder, cannot terminate the insurance contract on the ground that the policyholder's unpaid insurance premiums are not paid.

2. The costs of lawsuit shall be borne by the Plaintiff.

(a) On December 12, 199, the Defendant driven a wing truck at intervals of 22:30 on December 12, 199, and proceeded to the two-lanes between the two-lanes on the two-lanes on the 42-lanes on the two-lanes on the road, and turned to the two-lanes on the two-lanes on the two-lanes on the two-lanes on the two-lanes on the two-lanes on the two-lanes on the two-lanes, and iced the center line, and got the personal taxi of the victim 1 driver, who

B. The victim 1 (the male on November 13, 1953) is expected to lose 70.2% labor ability as a private taxi driver on a permanent basis due to the aftermathal disorder caused by the climatic damage caused by the climatic damage caused by the said traffic accident.

C.On the other hand, on June 21, 1999, the plaintiff entered into an automobile comprehensive insurance contract with the insurance period from June 21, 1999 to June 21, 200, with respect to the difference of salary and freight owned by the defendant, in six installments, and the first installment premium shall be paid in six installments, but the first installment premium shall be paid in direct on the same day, and the second to six installments premium shall be paid in sequence from July 21, 199 to November 21, 199, the account in the name of the defendant (Account No. 23501- omitted, hereinafter referred to as "Defendant account") was paid in installments from June 21, 199 to June 21, 199, and the second installment premium was paid in nine installments from June 21, 199 to September 21, 199 to September 21, 199.

[Certificate] Evidence Nos. 1, 4, 6, 9, 10, 8, 13-7, 6 and 7, and the purport of oral argument

2. The parties' assertion

On August 21, 1999, the 3rd installment insurance premium was agreed upon, and on August 31, 1999, the delayed payment period of January thereafter, the Plaintiff did not automatically transfer due to the shortage of the balance in the Defendant’s account. After the Plaintiff issued a notice of demand for payment of installment premium and notice of termination of the insurance contract to the Defendant, the Defendant paid the installment premium to the Plaintiff’s shop or branch by means of direct payment, not automatic transfer. However, the Defendant did not pay the installment premium by September 21, 199, which is the expiration date of the delayed payment period. Thus, the Plaintiff terminated the part of the 2nd installment of the 3rd installment insurance contract on the ground that the 2nd installment insurance premium was unpaid, the Plaintiff did not have the obligation to pay the Defendant more than the 1st installment insurance money as the insurer.

In regard to this, although the defendant maintained the balance of the account of the defendant for a period of one month from the delayed payment from the date of the third installment premium agreement, and provided payment for installment premium payment, the defendant did not receive installment premium by automatic transfer from the defendant's account by voluntarily and unilaterally changing the payment method of installment premium from the automatic transfer method agreed at the time of entering into the insurance contract, and (2) even if the plaintiff did not receive installment premium by automatic transfer even if the plaintiff did not receive the installment premium by automatic transfer after the notice of payment demand and cancellation was given to the defendant on the physical date of the contract, it was not explained to the defendant at the time of entering into the insurance contract, as it was not stated in the terms and conditions, and therefore, it cannot be asserted against the defendant, and therefore, the termination right of the insurance contract cannot be created on the ground that the defendant did not provide installment premium payment.

3. Determination

A. Facts of recognition

(1)The provisions relating to this case in the terms and conditions of automatic transfer and automatic renewal of the automobile comprehensive insurance premium attached to the instant automobile comprehensive insurance contract (hereinafter referred to as "special terms and conditions") are as follows:

Article 2 [Automatic Payment of Insurance Premiums] (1) When a policyholder pays an insurance premium in installments, he shall pay it in installments by automatic transfer to the frequency and amount stated in the insurance policy in accordance with this Special Terms and Conditions.

2. The payment date of insurance premiums automatically transferred shall be the date of transfer as stated in the insurance policy (hereinafter referred to as "transfer date").

Article 3 [Suspension of Payment and Peremptory Notice of Payment of Divided Premiums] (1) If an agreement on installment premium is not paid on the date agreed upon, the Company shall apply the grace period for payment under the attached Table (1 month from the date agreed upon by the third installment premium unpaid). The Company shall compensate for any accident that occurred within the grace period.

(2) The company may continue to request a transfer during the grace period for the installment premium payment, if the divided premium is not transferred on the agreed date.

(3) A company shall issue a peremptory notice to the policyholder on the expiration of the payment grace period within 20 days from the last day of the payment grace period under paragraph (1).

(2) In order to receive KRW 46,360 of the third installment premium by means of automatic transfer from the Defendant’s account, the Plaintiff requested automatic transfer of the amount equivalent to the installment premium to the Defendant’s account on August 19, 199, which is the date agreed upon by the Financial Settlement Board on August 21, 199, but the data was sent on August 24, 199 (the delivery of the data was delayed on August 22, 1999) from the Financial Settlement Board, which was notified that the balance of the Defendant’s account was short of KRW 3,591, and that the automatic transfer was not made on August 28, 199 (the claim for transfer was made on an ordinary 5-day basis, but the balance of the Defendant’s account cannot be made on August 19, 1998, which was accepted by the Financial Settlement Board on August 19, 199). However, the Plaintiff’s request for automatic transfer cannot be made on August 19, 19998.

(3) On September 4, 1999, the Plaintiff notified the Defendant of the payment peremptory notice of the automobile insurance premium and the termination of the insurance contract, “In case the Plaintiff did not pay the 3rd installment premium as of August 31, 1999, and thereafter, the Plaintiff did not pay the 3rd installment premium thereafter from the bank account, and notified the Plaintiff of the payment procedure after inquiring of the branch office of the Plaintiff’s handling shop, and in case the Plaintiff did not pay by September 21, 1999, the automobile comprehensive insurance contract will be terminated from September 24, 1999.”

(4)In the meantime, the Plaintiff did not intend to make a automatic transfer any more in the event that the Plaintiff has not made an automatic transfer of the insurance premium and then sent to the policyholder a notice of demand for payment and of termination of the insurance contract. The Plaintiff did not attempt to make an automatic transfer of the insurance premium to the Defendant account in accordance with its internal policy. The Defendant account still remains a balance of the amount of 43,360 won, which is the third installment premium, from September 2, 199 to October 13 of the same year, as well as from October of the same year.

(5)On the other hand, with the knowledge that there is a balance in the automatic transfer account within one month from the date of the agreement to which the payment is postponed at the time of the conclusion of the insurance contract, the appointment of the insurance solicitor who recruited the instant comprehensive vehicle insurance contract from the Defendant did not explain to the Defendant that “the money shall always be paid in the automatic transfer account, and shall not be absolute to one month, if it is known that it would be changed by a direct payment method, not by the automatic transfer method, if it would be changed by an automatic transfer.”

[Evidence] Evidence No. 2, Evidence No. 7, Evidence No. 12-1, 2, Evidence No. 15, Evidence No. 16, Evidence No. 16, Evidence No. 2, Evidence No. 2, Evidence No. 1, and the whole purport of oral argument

(b) Markets:

(1) Whether the insurance contract is terminated

The agreement that the cost and the defendant agreed to pay the installment premium by automatic transfer on the e-mail date; one month grace period from the date of the agreement is guaranteed even if the agreement was not paid in installments on the e-mail; the plaintiff, the insurer, is liable for insurance regarding the insurance accident that occurred during the grace period; the plaintiff, during the grace period, intended to receive the installment premium by automatic transfer during the period of payment; and the situation that the plaintiff, the policyholder, should change the installment premium by direct transfer from the e-mail to the e-mail transfer after notifying the defendant, the contract holder, of the payment of the installment premium. Since the agreement was not reached on the e-mail before the e-mail date, the defendant cannot be seen as being paid in installments by automatic transfer for more than nine months (e.g., the e., the e., the e-mail transfer from the e-mail transfer to the e-mail transfer to the e-mail transfer for more than nine months, the e-mail transfer cannot be seen as being lawfully accepted by the defendant.

(2) Scope of liability for damages

In light of the occupation, age, and degree of the victim's disability, future treatment expenses, traffic accident occurrence circumstances, family relationship, etc., it is clear that the victim's active damage, passive damage, and consolation money exceed 54,244,250 won of the plaintiff's liability insurance money.

4. Conclusion

The plaintiff's claim is dismissed on the ground that it is without merit.

Judges Jeong Jae-ok