The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1.(a)

In the case of small claims, there is no precedent of the Supreme Court concerning the interpretation of statutes applicable to specific cases, and there is a case where a number of small claims, the issue of which is the interpretation of the statutes, is pending in the lower court, and there is a case where the Supreme Court makes a decision on what kind of cases according to the full bench, it is likely that if the Supreme Court terminates the case without making a decision on the interpretation of the statutes on the grounds that it is small claims,

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 the grounds of appeal, in the absence of such special circumstances, determination of errors in the interpretation and application of the substantive law at the level of performing the intrinsic function of the Supreme Court’s unification

(See Supreme Court Decisions 2003Da1878 Decided August 20, 2004; 2006Da50420 Decided December 11, 2008, etc.). Since there are no Supreme Court precedents concerning the interpretation of “guaranteed insurance” as stipulated by Article 246(1)7 of the Civil Execution Act, which is the key issue of the instant case, and there are no lower courts’ rulings on the interpretation of “guaranteed insurance” and there is a need to determine the legitimacy of interpretation and application thereof.

B. Article 246(1)7 of the Civil Execution Act provides that “The insurance proceeds (including refund on termination or maturity) of a guaranteed insurance that a debtor receives due to life, injury, disease, accident, etc. shall not be seized; however, the scope of prohibition of seizure shall be prescribed by Presidential Decree in consideration of the expenses expected 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 shall exercise the creditor's right to terminate the insurance contract in accordance with Article 404 of the Civil Act or a collection order.