1.The judgment of the first instance shall be modified as follows:

The defendant shall pay 1,879,500,000 won to the plaintiff and the defendant shall pay 1,879,500 won to the plaintiff.

1. Basic facts

A.A. Additional Terms and Conditions of Installment Financing (1) The Defendant received authorization from the Financial Supervisory Service to handle installment sales guarantee insurance, and only handles automobile installment sales guarantee insurance for which the selling company is the insured under the contract of installment sales. Since January 1, 1996, as the Government permitted the establishment of a new installment financing company from January 1, 1996, it was necessary to develop a new guarantee insurance product that guarantees an automobile buyer's obligation of installment financing. From January 3, 1996 to use the special terms and conditions of installment financing as an additional method to pay damages to the existing installment sales guarantee insurance contract. (2) Article 1 of the General Terms and Conditions of Installment sales Guarantee, which the Defendant has already used, provides that "I, at the time of the failure of the buyer to perform the obligation of installment payment as stipulated in the insurance policy (hereinafter referred to as "the Insured"), the insurer's act of paying damages to the insured under the terms and conditions as stated in the insurance policy."

However, Article 1 of the Defendant’s Special Terms and Conditions of Installment Financing provides, “The scope of the application of the Special Terms and Conditions shall apply to the case where the policyholder receives installment payments from the bank, insurance company, or installment financing company (hereinafter “financial institution”) under the installment sale contract entered in the insurance policy, and Article 2 provides, “The policyholder, notwithstanding the provisions of Article 1 of the General Terms and Conditions, shall be the buyer.”