자기차량손해의 자기부담금 관련 쟁점에 관한 고찰 - 최근 선고된 구상금 항소심 판결에 대한 비판을 중심으로 -

The first party property damage insurance in automobile insurance contract is to pay for direct and accidental loss of or damage to the insured car. The payment of insurance money shall be limited only for the amount of each such loss in excess of the deductible amount, if any, stated in the declarations as applicable hereto. Recently, there has been a dispute over the deductible amount paid by the insured while being compensated for first party property damage insurance through car accident is caused by a joint and unlawful act. The beginning of the debate came from the understanding that the insured's deductible amount was identified as a loss not compensated by the insurer in indemnification claim’s appellate court ruling. In conclusion, the ruling is a misjudgment that does not fully understand the legal nature and purpose of the deductible amount system. First of all, the first party property damage insurance in automobile insurance contract is designed to guarantee the damage caused by a car accident caused by the policyholder. It is an insurance policy that is purchased to compensate even the part that is not covered by the property damage liability insurance. The deductible amount is a system that requires the insurance policyholder to pay part of the damage(such as repair costs) caused by an accident, not the insurance company. The purpose of the deductible amount agreement in entering into a first party property damage insurance in automobile insurance contract is to reduce insurance premiums for policy-holders, reduce damage assessment costs for insurance companies and prevent moral hazard. This objective can only be achieved if the policyholder him/herself pays for the deductible amount. Therefore, the deductible amount borne by the policyholder while being covered by first party property damage insurance in automobile insurance contract should not be identified as 'unrepaid (unreimbursed) loss'. Rather, it should be understood as a ‘contractual liability’ that the policyholder bears for the insurance company under a non-life insurance contract. We look forward to changing the precedent in the future. Finally, in order to eliminate the possibility of disputes related to the interpretation of deductible amount, efforts should be made to clarify its meaning through the revision of the terms and conditions.