장래 불법행위청구의 소의 이익

• 영문명: Interest of Action for Performance Based on Future Tort
• 발행기관: 한국민사소송법학회
• 저자명: 김상수(KIM Sangsoo)
• 간행물 정보: 『민사소송』제22권 제2호, 189~218쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.11.30

영문 초록

The precedent taken up in this study is a meaningful case. When comparing with Japanese precedent, I should pay attention to this precedent s admitting interest of action for future performance. This precedent interpreted interest of action for performance based on future tort very rationally. The circumstances a third person concerns, this precedent admitted interest of action for future performance by the reason that a debtor will continues the debt default. The interest of action for future performance is admitted exceptionally. There isn t big opposition between the precedent and the theory about the exceptional admitting. A theory also generally accepts the individual case a precedent admits just as it is. This study argues the significance and coverage of this precedent based on related precedent and theory. Japanese precedent and theory were arguing this problem more deeply, and I also referred to those this study.As far as there are no special circumstances if the present tort is judged also to continue in the future, interest of the future tort action is admitted. This precedent did such interpretation. Even if I understand, it isn t this unfair for an defendant. It s because an defendant has to take damage by such tort eventually. Such interpretation would be the flexible correspondence which fits in with remedy.

목차

Ⅰ. 사실관계

Ⅱ. 판결요지

Ⅲ. 평 석

참고문헌

키워드

소의 이익 현재이행소송 장래이행소송 불법행위, 장래불법행위 권리구제 Interest of Action Action for Current Performance Action for Future Performance Tory Future Tort Remedy