재보험자의 대위권에 관한 최근 판례의 동향 = The Recent Trend of Cases on the Reinsurer`s Right of Subrogation

다국어 초록 (Multilingual Abstract)

Reinsurance agreement is a contract whereby one party, known as the reinsurer, undertakes to indemnity the other party for liabilities he may incur under a contract of insurance. therefore, the special legal rules governing insurance contracts similarly apply to reinsurance. In general reinsurer, on payment of a loss, aquires the same rights by subrogation as are acquired in similar cases where the original insurer pay a loss, wether the obligation so complied with by reinsurer is for the whole or for part of the loss incurred by reinsured in favor of the original insured. But a reinsurer, in practice, having indemnified his reinsured, is entitled to benefit from any recovery which the original insured obtains by successful exercise of his rights to subrogation arising from the loss, and under some reinsurance agreements entitling reinsurer to share with reinsured in any salvage recoverd, reinsured has the sole control of a claim for salvage and only reinsured may, in the first instance, recover salvage. Recovery by reinsured in a proceeding to enforce its subrogated rights in general is for the benefit of reinsurer and reinsured, as their interests may appear, and reinsured must account to reinsurer accordingly the relationship between reinsurer and reinsured with respect to salvage fund held by reinsured, in which they are both entitled to share, is not one of debtor and creditor, but is one of trustee and cestui que trust.