Earticle

초록

영어

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
 연구
 Ⅰ. 쟁점의 정리
 Ⅱ. 부진정연대채무의 법리에 관한 일반적 논의
 Ⅲ. 부진정연대채무에서의 상계의 효력에 관한 대상판결의 검토
 Ⅳ. 맺음말
 참고문헌
 ABSTRACT

키워드

저자

• 김덕중 [ Kim, Deok-Jung | 원광대학교 법학전문대학원 조교수, 법학연구소 연구위원, 법학박사, 변호사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340