The meaning of insurance accidents in lease insurance and commencement date of extinctive prescription of insurance claims;

In the lease insurance, the term "accident" means that a policyholder delays the payment of the lease fee at one time, and the existence of an insurance accident cannot be determined by the date of termination or termination of the lease contract which exclusively depends on the choice of the lessee company. Therefore, if the payment of the lease fee is delayed at one time, the lessee shall notify the lessee of the payment within a reasonable period, and if the overdue lease fee is not paid within such period, the lessee shall exercise the right to terminate the contract. If the lessee fails to claim the insurance premium within two years from the date of the termination of the contract, the right to terminate the contract shall be extinguished.

Article 662 of the Commercial Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant)

National Lease Co., Ltd. (Law Firm Han-dong Law Office, Attorneys Yu-hee et al., Counsel for the defendant-appellant)

Korea Guarantee Insurance Co., Ltd. (Attorney Choi Jong-soo, Counsel for defendant-appellant)

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

The defendant shall pay to the plaintiff the amount of 34,954,749 won and the amount of 5% per annum from December 27, 1994 to the delivery date of a copy of the complaint of this case, and the amount of 25% per annum from the next day to the date of full payment.

1. Basic facts

The following facts are acknowledged in light of the facts not disputed between the parties, Gap evidence 1-1-3, Gap evidence 2-1 through 5, and Eul evidence 1-1, and the whole purport of the pleading, and there is no counter-proof.

A. On November 25, 1989, the Plaintiff Company entered into a lease agreement with Non-Party Hashee on the name of the object of lease, non-party 2, non-party 2, non-party 2, the lease amount of 50,000,000 won, and 66 months from November 25, 1989 to May 25, 1995, and the lease amount of 1,184,90 won per month from May 25, 1995. The Plaintiff Company agreed that the above lease agreement shall be terminated if the Plaintiff Hashee did not pay the above lease fees within the specified period and notified the correction of the violation, and the Plaintiff Hashee did not pay the overdue lease fees within the specified period.

B. Nonparty Hah-hee entered into a lease guarantee insurance contract between the Defendant Company and the policyholder as of November 25, 1989 and February 26, 1995, with the insurance coverage amounting to 50,000,000 won, and with the lease payment guarantee for the cause of risk to be borne. In order to claim insurance money from the Defendant due to the occurrence of an insurance accident, the Plaintiff Company immediately notifies the Defendant Company of the occurrence of the insurance accident, and submitted to the Defendant Company a copy of the insurance policy or its copy, a copy of the certificate of receipt of the leased article, a copy of the certificate of termination of the lease contract, and a document proving the amount of damages in the claim for insurance money. In this case, the Defendant Company is required to pay the amount of unpaid claims of the Plaintiff Company as insurance money.

C. After paying the lease fee from November 25, 1989 to September 25, 1992, when the above lease contract was implemented, the Plaintiff Company terminated the above lease contract on October 25, 198 to October 25, 1994. On January 3, 1995, the Plaintiff Company filed the instant lawsuit on June 13, 196 on the following grounds: (a) the lease fee was terminated on October 25, 1989 to October 25, 1994; and (b) the Plaintiff Company filed a claim for the lease deposit and interest thereon; (c) the remainder of the lease deposit and interest thereon; and (d) the lease deposit and interest thereon, from the sum of the stipulated damages, as the lease insurance money; and (d) the Plaintiff filed the instant lawsuit on June 13, 198.

2. The allegations by the parties and the determination thereof

A. The parties' assertion

As the cause of the instant claim, the Plaintiff was obligated to pay overdue rent, overdue interest thereon, and statutory damages on the basis of the date of the termination of the said lease. Therefore, the Defendant Company asserted that the Defendant Company is obligated to pay insurance money equivalent to the above payment obligation borne by the Plaintiff Company as of the date of the said termination, and that the said claim for the payment of insurance money was completed after the lapse of two years from October 26, 192, the date of the said claim for the payment of the said insurance money, which was the date of delay, from October 26, 1992.

(b) Markets:

The right to claim the payment of insurance proceeds, if not exercised within two years from the time of occurrence of an insured incident (Article 662 of the Commercial Act), is complete (Article 662 of the Commercial Act). The term "insurance accident" refers to an accident that specifies the insurer's obligation to pay insurance proceeds in an insurance contract, and in the case of a lease insurance, the policyholder's delay of the payment of the lease fees at one time shall be deemed an insurance accident, and the existence of the insurance accident shall not be determined by the lessee's choice or by the

Therefore, the plaintiff company terminated the above lease contract within 2 years from the time when it did not pay the rent in arrears with a reasonable period of time, and notified the correction of the violation, and requested the defendant company as the insurer. If the plaintiff did not claim the insurance money within 2 years from the date when the right to terminate the contract occurred, the claim for the insurance money due to delay in payment of the rent shall be extinguished. According to the facts acknowledged above, the above claim for the insurance money due to delay in payment of the rent shall be extinguished. According to the above facts, the plaintiff company's right to terminate the contract has occurred due to delinquency in payment of the rent on October 25, 192 and the subsequent rent after 2 years have passed from the time when the reasonable period for notifying the correction of the violation, but the plaintiff company claims the insurance money to the defendant company on January 3, 1995, which was more than 2 years after the notice to correct the violation. Thus, the plaintiff's claim for the insurance money due to delay in payment of the above rent had already been extinguished before the above claim.

3. Conclusion

If so, it is obvious that the plaintiff's claim of this case is groundless, it is dismissed without examining the scope of the insured amount, and it is decided as per Disposition by applying Article 89 of the Civil Procedure Act to the burden of litigation costs.

Judges Kim Jong-chul (Presiding Judge)