保證保險契約의 附從性

Abstract

Guaranty insurance is an insurance that promises the debtor to indemnify the damage of the creditor which may arise in regard to the performance of obligation under contracts of sale, employment, works or others and receives from the debtor. The substance of guaranty insurance is a suretyship but the form of that is an insurance. So guaranty insurance has problem to be considered whether the legal nature is a suretyship or an insurance. According to majority opinion and the supreme court, guaranty insurance has the character not only of an insurance but also of a suretyship, that is, guaranty insurance is applied by the insurance contract law and by the rules of suretyship. This thesis deals with the Recent holding of Korean Supreme Court. In the holding, the Court focuses on the nature of suretyship, and accepts the dependence nature of guarantee insurance. This article criticize the holding and presents a different opinion against the majority opinion.