In handling property damage associated with car accidents, eight non-life insurance companies did not pay compensation for car rentals and insurance payouts for indirect loss from automobile depreciation even though this was their obligation under the automobile insurance contracts. Regarding such conduct, the KFTC decided that these insurers provided disadvantages to the victims of the car accidents by unreasonably abusing their superior position on the grounds that the victims had to accept insurance payouts as calculated and paid by the insurers because the victims did not know well about the provision on damage compensation (standards of payouts) under the contracts (information imbalance) as well as indirect damage insurance payments, and that it was not possible for the victims to choose another insurance company for their compensation.
With respect to the KFTC’s decision, the meaning of “trade” was in dispute. The Seoul High
Court accepted a narrow meaning of “existence of a contractual relationship” while the Supreme Court sided with the KFTC. Like most of legal experts, the KFTC and the Supreme Court understand that, in terms of legal principles, “trade” has a wider meaning of general means of business activities or trade order, rather than referring to individual contracts. Based on this understanding, an unfair trade practice can be recognized in a case where the insurance companies are supposed to perform the obligations in their transaction relationships by law even when there is no direct transaction relationship between the insurers and the victims. In filing a claim for damages with respect to an unlawful act, if the insurance companies determine the items of compensation for damaged cars in order to perform their obligations under the insurance contracts, it is recognized that there exists a transaction relationship between the insurance companies and the damaged cars’ owners. This ruling is meaningful because a transaction relationship is recognized as long as the insurance companies’ obligation to compensate the victims for the damaged cars pursuant to the insurance contracts exists even though the relationship between the insurance companies and the victims is based on a direct insurance claim, a right granted to the victims by law.
In handling property damage associated with car accidents, eight non-life insurance companies did not pay compensation for car rentals and insurance payouts for indirect loss from automobile depreciation even though this was their obligation under the automobile insurance contracts. Regarding such conduct, the KFTC decided that these insurers provided disadvantages to the victims of the car accidents by unreasonably abusing their superior position on the grounds that the victims had to accept insurance payouts as calculated and paid by the insurers because the victims did not know well about the provision on damage compensation (standards of payouts) under the contracts (information imbalance) as well as indirect damage insurance payments, and that it was not possible for the victims to choose another insurance company for their compensation.
With respect to the KFTC’s decision, the meaning of “trade” was in dispute. The Seoul High
Court accepted a narrow meaning of “existence of a contractual relationship” while the Supreme Court sided with the KFTC. Like most of legal experts, the KFTC and the Supreme Court understand that, in terms of legal principles, “trade” has a wider meaning of general means of business activities or trade order, rather than referring to individual contracts. Based on this understanding, an unfair trade practice can be recognized in a case where the insurance companies are supposed to perform the obligations in their transaction relationships by law even when there is no direct transaction relationship between the insurers and the victims. In filing a claim for damages with respect to an unlawful act, if the insurance companies determine the items of compensation for damaged cars in order to perform their obligations under the insurance contracts, it is recognized that there exists a transaction relationship between the insurance companies and the damaged cars’ owners. This ruling is meaningful because a transaction relationship is recognized as long as the insurance companies’ obligation to compensate the victims for the damaged cars pursuant to the insurance contracts exists even though the relationship between the insurance companies and the victims is based on a direct insurance claim, a right granted to the victims by law.
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