[1] In a case where the insurable value determined by the parties significantly exceeds the insurable value at the time of the occurrence of an accident, whether the value at the time of the occurrence of an accident should be deemed the insurable value under Article 670 of the Commercial Act, regardless of

[2] In a case where the value of the insured vehicle as stipulated by the parties at the time of the insurance contract exceeds approximately 2.7 times the market value based on the superior goods at the time of the occurrence of the accident, the case affirming the judgment below which held that the insurer is liable to pay the insurance money within the scope of the market value on the ground that the insurable vehicle value as

[1] Article 670 of the Commercial Act / [2] Article 670 of the Commercial Act

Lawing Damage Insurance Co., Ltd. (Law Firm S&W, Attorneys Gyeong-soo et al., Counsel for the plaintiff-appellant)

Defendant-Counterclaim (Law Firm Dadle, Attorneys Min Byung-il et al., Counsel for the defendant-Counterclaim plaintiff-appellant)

Seoul Western District Court Decision 2010Na8864, 8871 decided April 21, 2011

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

The grounds of appeal are examined.

Article 670 of the Commercial Act provides that "if the parties have determined the insurable value between them, such value shall be presumed to be the value at the time of the occurrence of the accident. However, if such value substantially exceeds the value at the time of the occurrence of the accident, such value shall be deemed to be the insurable value at the time of the occurrence of the accident, and does not limit the causes considerably exceeding the value at the time of the occurrence of the accident as determined by the parties. Therefore, as long as the insurable value determined by the parties considerably exceeds the value at the time of the occurrence of the accident, the insurable value may be claimed for reduction of the premium and the insured amount under Article 669 (1) of the Commercial Act by determining the insurable value considerably in excess of the value at the time of the occurrence of the accident, or even if such insurable value is determined by intention

According to the reasoning of the judgment below, the court below acknowledged facts based on the adopted evidence, and determined that the value of the insured vehicle set at KRW 26,730,000 at the time of the insurance contract of this case exceeds KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

In light of the above legal principles and records, the above fact-finding and judgment of the court below are just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, failing to exhaust all necessary deliberations, or by misapprehending the legal principles as to Article 670

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Jeon Soo-ahn (Presiding Justice)