Main Issues

Cases concerning interpretation of the common terms and conditions that payment of insurance money according to the standards for payment of the terms and conditions at the time of an insured incident shall be made if a lawsuit is filed

Summary of Judgment

According to the ordinary terms and conditions of personal automobile insurance, in a case where a lawsuit is filed on the basis of insurance money, and the insured is liable to compensate for the damage claimant according to the final and conclusive judgment, so in a case where an insurance company files a principal claim seeking confirmation of non-existence of an insurance money payment obligation and the victim of a traffic accident claims a counter-claim seeking the payment of insurance money, the case affirming the judgment of the court below that in calculating the amount of damages to be compensated for the victim, if the insurance money calculated by taking account of negligence on the part of the victim falls short of the amount of medical relationship expenses, the above amount equivalent to the medical relationship expenses cannot be applied

[Reference Provisions]

Article 726-2 of the Commercial Act

Plaintiff (Counterclaim Defendant), Appellee

Samsung Fire and Marine Insurance Co., Ltd. (Attorney Jeong-il et al., Counsel for the plaintiff-appellant)

Defendant (Counterclaim Plaintiff), Appellant

Defendant (Counterclaim Plaintiff)

Judgment of the lower court

Daejeon High Court Decision 2002Na395, 401 delivered on June 12, 2002

Text

The appeal is dismissed. The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).

Reasons

The court below held that, according to the ordinary terms and conditions of the Plaintiff (Counterclaim Defendant)’s individual automobile insurance contract, in case where a lawsuit is filed to pay the amount calculated according to the standard terms and conditions as insurance money as insurance money, the insured would pay the damages to the claimant for damages by a final and conclusive judgment. Thus, in this case where the Plaintiff (Counterclaim Defendant) filed a claim seeking confirmation of non-existence of the insurance money payment obligation and the Defendant (Counterclaim Plaintiff) filed a claim for a counterclaim seeking the payment of insurance money, in calculating the amount of damages to be compensated by the insured against against the Defendant (Counterclaim Plaintiff) who is the victim of the traffic accident, if the insurance amount calculated by taking into account the fault on the part of the victim falls short of the amount of the medical relationship expenses, it is proper to determine that the payment of the insurance amount of the above standard terms and conditions cannot be applied