earticle

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.