Plaintiff (Law Firm Lour, Attorneys credit rating et al., Counsel for the plaintiff-appellant)

East Fire and Marine Insurance Co., Ltd. (Law Firm Cheonghae, Attorneys Lee Dong-chul et al., Counsel for the plaintiff-appellant)

February 19, 2009

1. The defendant shall pay to the plaintiff 54,946,280 won with 5% interest per annum from August 22, 2007 to October 5, 2007 and 20% interest per annum from the next day to the day of full payment.

2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

The same shall apply to the order.

1. Facts of recognition;

The following facts are not disputed between the parties:

(a) Conclusion of comprehensive automobile insurance contract;

On February 13, 2006, the Plaintiff entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with the Defendant Company, an insurance company, on the following terms and conditions as to the Kodo Dok (vehicle registration number 1 omitted) owned by the Plaintiff (hereinafter “instant insured vehicle”).

0 Insurance types: professional car insurance (basic type);

Insurance period: from February 13, 2006 to February 24, 2007, from February 13, 2007

0. Insured motor vehicle: (Registration No. 1 omitted) Corrode, personal 4-type cargo Banb

0 The limit of compensation: personal injury (limited to KRW 100,000 per accident), personal physical accident (the maximum of KRW 30,000 per person's death, disability 30 million per person, injury 15,00,000 won), non-insurance injury (the maximum of KRW 200,000 per person).

0 Matters requiring a special agreement: Family limited operation, operation at least 30 years of age, commuting, and household use;

B. Details of other automobile driving security special terms and conditions (hereinafter “instant special terms and conditions”).

(a) Applicable: Where the insured is an individual and the insured is a light, class 3 bus, light, or class 4 truck as an insured person by non-insurance under an ordinary terms and conditions;

(2) Details of compensation

When the insured has suffered damage as a result of legal liability for damage due to a large-scale accident or substitute accident that has occurred while driving another motor vehicle (excluding parking or stopping; hereinafter the same shall apply), or when the insured has suffered an injury, the insured shall be deemed as an insured motor vehicle under the general terms and conditions (excluding Ⅰ), self-physical accident and injury provisions of the motor vehicle driving another motor vehicle and shall be deemed as an insured motor vehicle under the general terms and conditions as stipulated in the ordinary terms and conditions.

(3) The term "other automobiles" in the special terms and conditions of this case means private cars, which fall under any of the following subparagraphs and are the same type of automobiles as the insured automobile ( between passenger cars, light cars, light cars, and light cars and class 4 trucks, and between light cars and class 3 passenger cars):

(1) Motor vehicles owned or used by an insured person and his/her parents, spouse or children, other than motor vehicles.

(2) A substitute motor vehicle (hereinafter referred to as the “other motor vehicle definitions provisions of this case”) from the time of the occurrence of the fact that the insured is replaced by a non-registered motor vehicle until the insurance company succeeds to the insurance contract of general terms and conditions and approves the replacement of the insured motor vehicle with another motor vehicle.

C. Terms and Conditions of the instant insurance contract

(1) Succession to an insurance contract

Where a policyholder or a registered insured has scrapped or transferred the existing insured motor vehicle during the insurance period, and replaced it with another motor vehicle of the same motor vehicle model, he/she shall notify the insurance company in writing to the effect that the policyholder intends to replace it with another motor vehicle of the same motor vehicle and request approval therefor from the insurance company, and apply to the replaced motor vehicle of this insurance contract from the time the insurance company approves it, and "where the same motor vehicle is replaced with another motor vehicle of the same motor vehicle" as mentioned above shall include cases of replacing between the motor vehicles, between the two and three motor vehicles, between the motor vehicles of different types, between the motor vehicles of different types, or between the motor vehicles of the same

(2) The meaning of the model as defined in paragraph (1) above

차종이란 자동차보험요율서에 규정하고 있는 차종 구분을 말하고, 자동차보험요율서 상의 차종은 화물자동차의 경우에는 1종, 2종, 3종, 4종(일반형), 4종(밴형), 경화물로 구분되어 있으며, 승용자동차는 소형Α, 소형Β, 중형, 대형(세단형), 대형(짚형), 다인승 1종, 다인승 2종(7-8인승), 다인승 2종(9-10인승)으로 구분되어 있다.

D. Occurrence of the instant accident

On November 27, 2006, the Plaintiff sold the insured vehicle of this case to the Used Vehicle Sales Center for KRW 4,586,000. On the same day, the Plaintiff purchased and paid the car (vehicle registration number 2 omitted) owned by Nonparty 1 to Nonparty 1, and then received documents necessary for the transfer of ownership and directly drive the instant vehicle after being delivered with the instant accident vehicle, and returned to Busan at around 20:35, the Plaintiff changed the car from the Jindong-dong Small and Medium Enterprise Support Center of Ulsan-gu, Ulsan-gu, Seoul Special Metropolitan City to move back to Busan, while driving the vehicle at the front direction of the said Oindo to prevent the way of the Oindo from driving the vehicle, and caused Nonparty 2 to suffer injury, such as duplicating the right side of the instant vehicle to the right side of the instant vehicle.

E. Hyundai Marine Fire Insurance Co., Ltd., which is an insurer who entered into a non-life insurance contract with Nonparty 2, paid KRW 74,946,290 to Nonparty 2 as the injury insurance money by an non-life insurance vehicle, and received KRW 20 million from the liability insurer.

F. On June 26, 2008, Hyundai Marine Fire Insurance Co., Ltd. filed a lawsuit against the Plaintiff for indemnity amounting to the Ulsan District Court 2007Kadan59867, and sentenced on the judgment of the above court that "the Plaintiff shall pay 54,946,280 won to Hyundai Marine Fire Insurance Co., Ltd. and 5% per annum from August 22, 2007 to October 5, 2007, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive on July 24, 2008.

2. Determination

A. The parties' assertion

The Plaintiff asserted that the insured vehicle and the present accident vehicle constitute another vehicle stipulated in the special terms and conditions of this case, and thus, the Defendant is obligated to pay insurance money pursuant to the special terms and conditions of this case. The Defendant asserts that ① in the case of replacement of the insured vehicle, the insurer should maintain the insurance contract under the same conditions as the previous special terms and conditions in consideration of risk rate, etc., so the same type of vehicle should be applied to the transfer or replacement of the insured vehicle, and ② in the case of replacement of the insured vehicle, the insured vehicle continues to use or ordinarily use the substitute vehicle or ordinary use is anticipated. In light of the purport of other special terms and conditions of the special terms and conditions of the automobile driving security, if the insured replacement of the vehicle, the insurer is required to guarantee it under the strict conditions. Thus, the other type of the present special terms and conditions of the automobile should not correspond to the same type of automobile, and if the insured vehicle is replaced, the Defendant asserts that the present vehicle is again included in the same type of automobile under the common terms and conditions of this case, and that the present vehicle is not a new type of the automobile.

B. Determination

According to the "Special Conditions for Operation of Automobiles automatically applied to an accident insurance policy" among personal automobile insurance, the insurer of this case provides that if the insured is legally liable for damages due to a personal automobile or a physical accident that occurred while driving another automobile, the insurer of this case shall be deemed to be an insured automobile and compensate as prescribed in the common terms and conditions. This special agreement provides that if the insured temporarily drives an automobile other than an insured automobile, it shall aim at ensuring the convenience of the insured by expanding the indemnity insurance and self-accident insurance, and at the same time, it shall be deemed to be an insured automobile, but it shall not be an insured automobile, and it shall be deemed to be an insured automobile, and it shall be deemed to be an insured automobile, and it shall be deemed to be an insured automobile, even if it is not an insured automobile, the insurer of this case shall be deemed to be an insured automobile, and it shall be deemed to be an alternative one of the existing provisions for the same type of insurance contracts and shall be deemed to be an insured automobile, and it shall be deemed to be an insured automobile which would be an alternative one of the new provisions for the insured automobile (see Supreme Court Decision 20019Da26268).

In this case, according to the above facts, the insured person, who is not a juristic person, as an insured person with non-life insurance, transferred the insured vehicle of this case, which is the Class 4 truck, and was transferred by Nonparty 1 on the same day, and caused the accident to be caused by negligence to Nonparty 2 or Hyundai Marine Fire Insurance Co., Ltd. and caused the accident of this case to be liable for damages. The insured vehicle of this case is a passenger car and the insured vehicle of this case is a Class 4 truck, and the two vehicles are the same type as stipulated in the special terms and conditions of this case, and thus, the defendant is liable to compensate for the above damages suffered by the plaintiff in accordance with the special terms and conditions of this case.

Therefore, the defendant is obligated to pay to the plaintiff 54,946,280 won and damages for delay calculated by applying 5% per annum under the Civil Act from August 22, 2007 to October 5, 2007, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. Conclusion

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

Judges Ansan-ro