The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Seoul Western District Court.

The grounds of appeal are examined.

1.(a)

Insurance accident refers to an uncertain accident that specifies the insurer's obligation to pay insurance money in an insurance contract.

The details of the insurance accident in contract execution guarantee insurance shall be determined by taking into account the insurance clauses included in the contract and the detailed contents of the insurance policies and main contract citing the contract terms and conditions as an agreement between the parties.

(2) In light of the legal principles as to the performance of a main contract without justifiable cause of the debtor as an insured event, barring any special circumstance, it is reasonable to view that the performance of a main contract without justifiable cause of the debtor is an insured event, and the performance of the main contract is not an insurance accident for which the termination of the main contract is terminated as an insured event. Thus, barring any special circumstance, it is reasonable to view that the performance of the main contract is an insurance accident for which the debtor’s performance of the main contract is not an insurance accident for which the main contract is rescinded

(see, e.g., Supreme Court Decision 2013Da27978, Jul. 24, 2014). (B)

Whether there is a contractor's breach of contract that constitutes an insurance accident in a contract for construction works shall be determined on the basis of the contract amount, construction period, details of construction, etc. agreed to the contract for the contract for construction works.

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to whether the contract performance was impossible, and thus, did not err by misapprehending the legal principles as to whether the contract performance was impossible or not. Thus, the court below did not err by misapprehending the legal principles as to whether the contract performance was impossible or not, by misapprehending the legal principles as to whether the contract performance was impossible or not.

Supreme Court Decision 2004Da1697 Decided April 28, 2006