부진정연대채무자 중 1인이 한 상계의 다른 연대채무자에 대한 효력

• 영문명: Legal Effect of Set-off by One of the Pseudo Joint-and-Several Liability Debtors
• 발행기관: 원광대학교 법학연구소
• 저자명: 김덕중(Kim, Deok-Jung)
• 간행물 정보: 『원광법학』제27권 제3호, 67~94쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.09.30

영문 초록

This research paper analyzes the Supreme Court decision(2008Da97218) delivered on September 16, 2010. The Court deals with the issue on how to view the legal effect of set-off by one of the pseudo joint-and-several liability debtors or debtors. The set-off expects fairness between neither with convenience of the settlement as a system to let a bond and the debt of the mutual interval become extinct with an equal sum and has a function of the security for the bond of the mutual interval. The reasons for decision are divided into the major opinion and minority opinion. The majority opinion ruled that, in the event that one of the pseudo joint-and-several liability debtors offset her claim against the creditor's claim, the debt-extinguishment effect by the set-off works on the other debtor(s) as well. The Court reversed the Supreme Court rulings heretofore which had ruled that the set-off by one of the pseudo joint-and-several liability debtors has no effect whatsoever the other debtors. The Court judges that set-off can be regarded as the same means as repayment. The case should possibly be an important judicial precedent. And the new judgment mentioned above, therefore, can be understood to be of high precedent value in regulating the legal principle on the pseudo joint-and-several liability debtors

목차

[사안의 개요]

[연 구]

Ⅰ. 쟁점의 정리

Ⅱ. 부진정연대채무의 법리에 관한 일반적 논의

Ⅲ. 부진정연대채무에서의 상계의 효력에 관한 대상판결의 검토

Ⅳ. 맺음말

참고문헌

Abstract

키워드

부진정연대채무 상계 채무소멸 상대적 효력 변제 the pseudo joint-and-several liability debtors set-off the debt-extinguishment effect no effect repayment