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(영문) 대법원 2019.12.27 2016다224428

보험정산금

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The appeal is dismissed.

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

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The lower court, based on its stated reasoning, determined as follows with respect to the grounds of appeal Nos. 1 through 3.

Each of the instant insurance contracts concluded between the Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”) and the Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) is linked to the Plaintiff’s additional services as the insured.

C Additional services are provided by means of paying part of the purchase price to an agency when a customer purchases a new device on behalf of a stolen or lost mobile phone device (hereinafter referred to as "terminal").

According to the business agreement entered into with each insurance contract of this case, if there is a conflict between the insurance contract of this case and the business agreement of this case, the business agreement of this case shall prevail, and on the other hand, the defendant only determines the content that the customer who is the insured and the plaintiff shall pay insurance money to the plaintiff, and the plaintiff shall purchase the device and provide it

There is no content that the Defendant would pay the Plaintiff the purchase cost of the Plaintiff’s terminal.

In light of these circumstances, it is reasonable to view that the content of each of the instant insurance contracts is the Plaintiff’s payment of expenses incurred in newly purchasing a device to the insured customer, and the customer’s payment of insurance proceeds from the Defendant on behalf of the insured customer.

Unlike this, each of the instant insurance contracts is to purchase a new device that is identical to the device that was stolen or lost by the Plaintiff to the customer who is the insured, and deliver it to the customer in kind, and the expenses incurred therein are insurance money from the Defendant.