보증보험계약상 보험사고의 판단에 관한 연구 - 대법원 2021.2.25. 선고 2020다248698 판결을 중심으로 -

The default of the insurance accident, which is the insurance accident referred to in the guarantee insurance, shall be determined on a separate basis by the content of the main contract and the insurance terms. The main contract and insurance terms of the case stipulate that the guarantee insurance company pays the insurance money when the contractor is liable for damages caused by defects that occurred during the insurance period. And the insurance period of guarantee insurance was the same as the liability period for defects. The subject judgment was judged to be a contract that would take responsibility as an insurer even if an insurance accident occurred after the end of the insurance period if a defect occurred within the liability period. However, this is not in line with the consistent view of the Supreme Court on the legal nature of the liability period for defects under civil law. In this case, there is a risk that the transaction stability will be seriously damaged. Therefore, the period of liability for defects in this case should be regarded as an exclusion period, and the liability for defects in this case has been extinguished over the period. If so, the guarantee liability of the guarantee insurance company based on this premise should also be regarded as extinguished. Therefore, it should be considered that there is no claim of guarantee insurance company based on the proper insurance payment.