beta
(영문) 서울고등법원 2014.07.11 2013나66821

손해배상금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The plaintiffs and the defendant are corporations established for the purpose of running non-life insurance business and marine insurance business.

A Co., Ltd. (hereinafter referred to as “A”) is a corporation established on April 13, 2006 for the purpose of reinsurance brokerage, etc., and has been carrying out business activities, etc. covered by reinsurance in a foreign re-insurance company in order to diversify the risks of insurance contracts concluded by a domestic insurance company at the request of a domestic insurance company.

(2) B served as a director from April 13, 2006 to September 1, 2008, and C served as a representative director of A from March 5, 2007 to September 1, 2008. G, the largest shareholder of A, was registered as A from September 1, 2008 to June 10, 209, and was registered as A’s auditor from June 10, 2009, but actually operated A, such as being called as the chairperson of A and receiving business reports from executives and employees.

B. The concept of an advance refund guarantee insurance and an ordinary underwriting procedure (1) where a shipbuilding contract is concluded between a person placing an order and a shipbuilding company, the person placing an order shall pay advance payment based on the base price during the shipbuilding process. It refers to an insurance that guarantees the refund of advance payment that a non-life insurance company takes over at the request of a shipbuilding company in order to guarantee the refund of advance payment that a person placing an order is unable to receive prior to the occurrence of an insured event due to a cause attributable to a shipbuilding company.

(2) In a case where a Korean non-life insurance company entered into an advance refund guarantee insurance contract as above, in order to spread the risk that large amount of money should be paid in lump sum at the time of the occurrence of the insurance accident, a kind of association in Rod Market, which is the world largest insurance market in London, in order to spread the risk that large amount of money should be paid in lump sum.