beta
(영문) 서울고등법원 2014.12.12 2011나3840

보험금 등

Text

1. The judgment of the court of first instance is modified as follows.

Defendant Guarantee Insurance Co., Ltd. shall be the Plaintiff 1,562,000.

Reasons

1. Basic facts

A. The special terms and conditions of installment financing of the Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance”)

(2) Upon obtaining authorization from the Financial Supervisory Service for handling of installment sales guarantee insurance from the Financial Supervisory Service, only the installment sales guarantee insurance for automobile sales as the insured by the selling company under the contract of installment sales. However, since January 1, 1996, as the Government permitted the establishment of a new installment financing company from January 1, 1996, it was necessary to develop new guarantee insurance products securing the installment financing obligation of the automobile buyer. From January 3, 1996 to the installment financing company's claim in addition to the right to receive insurance money, it was used in addition to the existing installment sales guarantee terms and conditions. (2) Article 1 of the General Rules of the Installment sales Guarantee Insurance which the Defendant Seoul Guarantee Insurance has already used for the existing installment, provides for damages for the installment sales guarantee insurance contract as stated in the insurance policy (hereinafter "principal contract"), and Article 1 of the General Terms and Conditions of the Installment Sales Guarantee Insurance Contract (hereinafter "the insured") provides for the insurer's damages and the insurer's damages in accordance with the terms and conditions of the insurance contract as invalid."

On the other hand, Article 1 of the Special Terms and Conditions of Installment Financing is applicable to the case where a policyholder was paid installment financing from a bank, insurance company, installment financing company, etc. (hereinafter “financial institution”) according to the installment sale contract written in the insurance policy with respect to the scope of application.