모뉴엘사태와 단기수출보험(EFF) 보험금지급가부에 대한 고찰

Abstract

Moneual fraud accident was big issue. Moneual used false export bond for the purpose of fraud. The damage of fraud loan was 3 trillion Won. The remained sum is about 0.5trillion Won. Korea Trade Insurance Corporation(K-Sure) was insurer of the short term export credit insurance(EFF). The banks were insurance contractors. K-Sure and banks are doing litigation because of the payment of the insurance money. The EFF was introduced in the year of 2009. The need was increasing because of global financial crisis in the year of 2008. The banks decreased the limit of credit loan. Therefore the need of non repayment condition was very high. Furthermore, K-IFRS was applied recently. The export bond has namely influences to debt ratio. The export companies are willing to seek insurance product of non repayment condition. The EFF was proper to this needs. The banks are insurance contractors. The korean export-import bank has investigated the Moneual factories in Hong Kong. But The bank did not find out the fraud actions of the Moneual company. Because of all these circumstances the K-Sure should pay insurance money to banks. According to the purpose of the EFF, the false export bond is also included to the insurance guarantee. § 13(3) is about duty of damage prevention. It requires namely the occurrence of insurance accident. § 644 could not be applied in the case of the circumstance that the banks did not know weather the insurance accident occurred or not. In the last analysis, the K-Sure should pay insurance money to banks. The government should take several actions to prevent the same fraud export accident. The insurance clauses should include more clear contents about the duties of the insurance contractors and the K-Sure.