2021년 상법 보험편 판례의 동향과 그 연구

It is a meaningful task to review and analyze the meaning of the Supreme Court decisions related to insurance in 2021. Next, the conclusion of this article is replaced. First, the Supreme Court ruled that the five-year statute of limitations prescribed in Article 64 of the Commercial Act applies to claims for which the insurer seeks the return of insurance money already paid due to the invalidity of the insurance contract. It is judged as a reasonable judgment. However, it is correct to apply the commercial prescription to all claims for the return of unreasonable profits based on commercial activities, not limited to insurance money. Second, the judgment that it is difficult to deny the benefits of passive confirmation is correct just because the insurance company's socioeconomic status is superior. However, it is believes that the minority opinion has provided an important standard for purposeful and systematic interpretation of the Commercial Act and the terms and conditions in case of future insurance-related disputes. Third, the interpretation of intention and the judgment confirming that the starting point of the right to claim is the point in time when the occurrence of the claim was known or could have been known if the occurrence of the insurance accident could not be known without negligence is also correct. Fourth, in the case of the car rental business, the judgment that the driver's responsibility is recognized by the lessor is valid unless there are special circumstances. Fifth, the judgment confirming that there is an obligation to explain that the violation of the duty to notify the use of two-wheeled vehicles is the reason for contract termination is also evaluated as reasonable.