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(영문) 서울중앙지방법원 2015.01.15 2012가합29569

보험금 등

Text

1. Defendant Seoul Guarantee Insurance Co., Ltd. shall pay to the Plaintiff KRW 654,420,180 as well as its full payment from May 3, 2012.

Reasons

1. Judgment as to the main claim

A. Facts of recognition 1) Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance”).

(2) Article 1 of the General Terms and Conditions of Installment Sales Guarantee (hereinafter referred to as the “Purchase”) which the Defendant Seoul Guarantee Insurance has already used for the purpose of paying damages to the seller by failing to perform the installment payment obligation as stipulated in the Insurance Policy (hereinafter referred to as the “State Contract”) and by failing to pay the installment payment obligation as stipulated in the Installment Sales Contract (hereinafter referred to as “I”), the Government required the development of new surety goods securing the installment financing obligation of the buyer as a result of allowing the establishment of installment financing company from January 1, 1996. As such, since January 3, 1996, it is necessary to create the special terms and conditions of installment sales that grant the buyer the right to claim insurance in addition to the right to claim insurance money, and added them to the existing General Terms and Conditions of Installment Sales Guarantee (hereinafter referred to as “I”).

However, Article 1 of the Special Terms and Conditions for Installment Financing of the Defendant Seoul Guarantee Insurance provides that "This Special Terms and Conditions shall apply to cases where a policyholder receives installment financing from a bank, insurance company, or installment financing company (hereinafter "financial institution") according to the installment sale contract entered in the insurance policy," and Article 2 of the General Terms and Conditions shall, notwithstanding the provisions of Article 1 of the General Terms and Conditions, be subject to the installment sale contract entered in the insurance policy by the policyholder as the buyer and the financial institution."