Detailed Information
Cited 0 time in 
Cited 0 time in 
Cited 0 time in
Metadata Downloads
자동차할부판매보증보험계약에서 주계약과 피보험자에 관한 연구 -서울고등법원 2011.7.12, 2010나67656 판결에 대한 비판-A legal study on the main contract and insured in the Automobile installment sale guarantee insurance
- Other Titles
- A legal study on the main contract and insured in the Automobile installment sale guarantee insurance
- Authors
- 박세민
- Issue Date
- 2012
- Publisher
- 한국경영법률학회
- Keywords
- 할부판매보증보험(installment sale guarantee insurance); 주계약(main contract); 피보험자(insured); 기망행위(fraud conduct); 근저당권(right to collateral security); 근저당권설정(establish- ment of the right to collateral security); 할부금 판매(install- ment sale); 대출계약(contract for loan); 채무불이행(default); 할부금융(installment financing); 금전소비대차(consumer cash loan); 할부판매보증보험보통약관(installment sale guarantee insurance general policy); 할부판매보증보험특별약관(install- ment sale guarantee insurance special policy)
- Citation
- 경영법률, v.23, no.1, pp.471 - 510
- Indexed
- KCI
- Journal Title
- 경영법률
- Volume
- 23
- Number
- 1
- Start Page
- 471
- End Page
- 510
- ISSN
- 1229-3261
- Abstract
- As regarding interpretation of the contents in the insurance policy, the motivation and background of the agreement, the final purpose of the agreement and the contract parties' true intention should be considered together. The main contract in a guarantee insurance is a legal relation- ship in which the policyholder of the guarantee insurance is liable to the insured for debts. A creditor in the main contract becomes the insured of the guarantee insurance and a debtor becomes the policyholder of the guarantee insurance contract. In this case, the main contract of the guarantee insurance is the contract for loan(consumer cash loan) between purchaser of the car and installment financing company(00 Life Insurance Company). At the same time, the insured of the guarantee insurance contract is the installment financing company who is in the position to shall suffer damage when a debtor fails to pay his debt. The conclusion of the Court in this case is wrong, considering the principles of general insurance and guarantee insurance contract.
- Files in This Item
- There are no files associated with this item.
- Appears in
Collections - Graduate School > School of Law > 1. Journal Articles
Items in ScholarWorks are protected by copyright, with all rights reserved, unless otherwise indicated.