보험계약에 대한 압류시 보험계약자와 제3채무자의 보험계약해지 가부에 관한 소고 - 대법원 2017. 4. 28.선고 2016다239840 판결(파기환송)을 중심으로 -

Abstract

The main problem in relation to the exercise of the right of termination of insurance contracts seized in our country was the matter of abolishment of contract by creditors. In this regard, the Supreme Court of Korea consistently collected the insurance contract termination and termination reimbursement by the seizure creditor And academia generally follow the view of the Supreme Court. However, it has not been actively discussed whether the debtor or the third debtor can terminate the insurance contract that has been seized. This is because the beneficiary or the necessity to terminate the insurance contract was mainly for the foreclosure creditor, This is probably because the termination of the contract has been practiced in practice. However, when considering the fact that the contractual rights of the debtor who is the insurance contractor or the third debtor who is the insurance company are recognized in the terms of the contract or the commercial law, there is a clear necessity and opportunity to terminate the insured insurance contract. In this regard, the Supreme Court has recently issued a ruling to recognize the right of the debtor and the third debtor to terminate the insurance contract. I affirm that the third debtor will terminate the insurance contract if the reason for termination specified in the related laws or the terms of the contract occurs. However, I oppose for the debtor to arbitrarily terminate the insurance contract seized at any time, from the standpoint of creditor protection. In this paper, I examine the judgment of the debtor and the third debtor on the judgment of the Supreme Court 2016DA239840 sentenced on April 28, 2017.