[보험금][공1993.1.15.(936),237]
Where the perpetrator, the insured and the victim have agreed to do so, the scope of the insurance money to be paid by the insurance company.
Where the amount of compensation is determined by a written agreement between the perpetrator, the insured, and the victim, not by the judgment, the insurance company shall be liable to pay the insurance money within the limit of the amount calculated by the payment criteria for the insurance money stipulated
Articles 719 and 723 of the Commercial Act
Supreme Court Decision 86Meu556 Decided December 23, 1986 (Gong1987, 228) (Gong1988, 1023) Decided June 14, 1988 (Gong1988, 1023)
[Judgment of the court below]
Hyundai Maritime Fire Insurance Co., Ltd., Counsel for the plaintiff-appellant
Busan High Court Decision 91Na14710 delivered on June 5, 1992
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
We examine the grounds of appeal.
Under the automobile comprehensive insurance clause of the defendant company, the insured may claim for the payment of insurance money against the defendant company when the amount of damage is determined by final judgment, settlement in court, arbitration or written agreement, and the defendant company shall compensate for the amount calculated in accordance with the standard for the payment of insurance money under the above insurance clause: Provided, That if a lawsuit is filed in accordance with the final judgment, if the insured is required to compensate for the amount to be compensated by the claimant, the defendant company shall be liable for the payment of insurance money within the limit of the amount calculated according to the standard for the payment of insurance money under the above insurance clause, and if the amount of compensation is determined by written agreement between the plaintiff and the victim, the defendant company shall be liable for the payment of insurance money without resorting to the judgment, and there is no need for its modification.
The judgment below to the same purport is just and the theory of lawsuit cannot be employed as an independent opinion. We are without merit.
Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.