The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1.(a)

In the absence of a precedent of the Supreme Court on the interpretation of statutes applicable to a specific case in a small-sum case, where there are cases where a number of small-sum case, the issue of which is the interpretation of the same statutes, is pending in the lower court, and there are cases where the Supreme Court has made a decision on what kind of case according to the full bench, if the Supreme Court terminates the case without making a decision on the interpretation of the relevant statutes on the grounds that it is

Therefore, even if a small-sum case does not meet the requirement of “when a decision contrary to the Supreme Court’s precedents is rendered,” which may be used as the grounds of appeal, in the absence of such special circumstances, determination of errors in interpreting and applying the substantive law in order to perform the intrinsic function of unification of statutory interpretation.

(See Supreme Court Decisions 2003Da1878 delivered on August 20, 2004, and 2006Da50420 delivered on December 11, 2008, etc.). The key issue of the instant case is the interpretation of “guaranteed insurance” under Article 246(1)7 of the Civil Execution Act, which is stipulated as a claim prohibited from seizure. Since there are no Supreme Court precedents pertaining thereto, and there are no lower courts’ rulings, it is necessary to determine the interpretation and validity of the lower court’s interpretation and application.

B. Article 246(1)7 of the Civil Execution Act provides that “The insurance proceeds (including refund for termination or maturity) of a guaranteed insurance that a debtor receives due to life, injury, disease, accident, etc. shall not be seized.” The scope of prohibition of seizure is prescribed by Presidential Decree in consideration of the expenses that are anticipated to be incurred in maintaining livelihood, treating, and recovering from disability.

Article 6 (1) 3 (a) of the Enforcement Decree of the Civil Execution Act is to exercise the creditor's right to terminate the insurance contract in accordance with Article 404 of the Civil Act, or to receive a collection order or an order in whole.