Earticle

초록

영어

Since 2008 small & medium shipbuilding corporations have had the difficulty of obtaining the refund guarantee from commercial banks because small & medium shipbuilding corporations have long suffered from financial distress. In this situation the Korea Trade Insurance Corporation made a decision to help small & medium shipbuilding corporations’ difficulty of receiving the refund guarantee. The Korea Trade Insurance Corporation lets commercial banks issue the refund guarantee to small & medium shipbuilding corporations through the export bond insurance system. The Korea Trade Insurance Corporation makes an export bond insurance contract with a commercial bank. In case that a commercial bank as a guarantor paid a guaranteed amount to a beneficiary under the refund guarantee, the Korea Trade Insurance Corporation should pay an insured amount to the commercial bank. The Korea Supreme Court recently decided a case in respect of an export bond insurance contract. In this case, the Standard Chartered Bank as a plaintiff is an assured under the export bond insurance contract. The Korea Trade Insurance Corporation as a defendant is an insurer. However, the Korea Trade Insurance Corporation did not pay the insured amount to the Standard Chartered Bank on the ground that the assured violated the special terms and conditions of the export bond insurance contract. Finally, the Korea Supreme Court supported a defendant(the Korea Trade Insurance Corporation)' arguments and rejected a plaintiff(Standard Chartered Bank)’ arguments. The Korea Trade Insurance Corporation, therefore, won the case. In conclusion, first, the Korea Supreme Court too easily ignored the role and responsibility of the Korea Trade Insurance Corporation under the export bond insurance system. Second, it is necessary for a commercial bank to manage legal risk in connection with the export bond insurance contract.

목차

Abstract
 Ⅰ. 서론
 Ⅱ. 사실관계 및 판결요지
 Ⅲ. 선박금융상의 수출보증보험계약
 Ⅳ. 결론
 참고문헌

키워드

저자

• 정대 [ Dae Chung | 법학박사, 한국해양대학교 국제대학 해사법학부 교수 ] 제1연구자

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  무역통상학회지 [Journal of Korea Research Association of International Commerce]

• 간기

  격월간

• pISSN

  1738-4354

• 수록기간

  2001~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 326 DDC 380