선박금융에서 보증채무의 법적성질에 대한 소고 - 한국해양진흥공사법에서의 금융채무 보증을 중심으로 -

Abstract

The Korea Ocean Business Corporation is the only public agency established to strengthen the competitiveness of shipping companies and develop the shipping industry. In 2018, the establishment of the corporation began in earnest with the establishment of the Korea Ocean Business Corporation Act, but its history dates back to 2015 Korea Maritime Guarantee Insurance Company. The purpose of the institution is to support the securing of the liquidity necessary for shipping companies to secure ships, and the support method is to strengthen credit by providing guarantee for debtor. At the time of departure as Korea Maritime Guarantee Insurance Company, if the guarantee was made in the form of guarantee insurance in accordance with the Insurance Business Act, it is now carried out in the form of surety obligation under the Civil Act under the Korea Ocean Business Corporation Act. In this paper, the significance of ship finance debt guarantee and the rights and obligations of the parties concerned and legal characteristics based on the surety obligation under the Civil Act were dealt with. In order to be effective as an surety obligation, a main debt contract must be concluded and a guarantee agreement must be established. Thus, the requirements for establishing the effect were discussed, and the rights and obligations between the parties were examined after establishment. The following issues were addressed in this paper. The ship finance debt guarantee is mainly due to the repayment of principal and interest for financing, so the scope of the surety obligation and the guarantee that can be protected from the guarantee, the right to reimburse after the guarantee is fulfilled by the guarantor, and the guarantor can claim immunity.