[양수금][공1990.4.1.(869),633]
Whether the original claim is extinguished where another claim is transferred to a creditor for the repayment of debt (negative)
In case where other claims are transferred to a creditor for the repayment of obligations to a creditor, the assignment of claims shall be deemed to be transferred by means of a security or repayment for the repayment of obligations, barring special circumstances, and the original claim shall not be deemed to be transferred in lieu of the repayment of obligations.
Articles 449 and 466 of the Civil Act
Supreme Court Decision 81Da354 delivered on October 13, 1981, 87Da2266 delivered on February 9, 1988
New Bank of Korea Law, Pacific Law Office, Attorneys Kim In-ap et al., Counsel for the defendant-appellant-appellee)
Korea
Seoul High Court Decision 201Na1448 delivered on May 1, 201
Seoul High Court Decision 88Na5725 delivered on March 28, 1989
The appeal application is dismissed.
The grounds for appeal by the Plaintiff’s attorney are examined.
In a case where other claims are transferred to a creditor for the repayment of obligations to a creditor, the assignment of claims shall be deemed to have been transferred by means of a security or repayment for the repayment of obligations, barring special circumstances, and since it is not deemed to have been transferred as a substitute for the repayment of obligations, it is the opinion of the party members that the original claims are not extinguished (see, e.g., Supreme Court Decision 81Da354, Oct. 13, 198; 87Meu2266, Feb. 9, 198).
In this case, the Plaintiff recognized that the claim for the supply of goods in this case against the Defendant of the New Cable Co., Ltd. against the Defendant was originally transferred to the Plaintiff as a security for the Plaintiff’s credit against the said non-party company. However, the assignment of claims was changed to a separate assignment of claims unrelated to the claim security, not a simple transfer of security purpose, but a transfer of claims. However, the summary of the content of the written statement of the written statement of the written statement of the written statement of the lawsuit is that the above non-party company’s claim for the supply of goods transferred to the Plaintiff, not the above non-party company’s claim, but the Plaintiff’s claim for the payment of goods, not the Plaintiff’
In the above purport, the court below rejected the plaintiff's assertion and held that since the loan claim, which is the secured claim, is converted into a security as the reorganization claim is made in view of the so-called credit security, it shall not be exercised in accordance with the reorganization procedure is justifiable. It is not erroneous in the misapprehension of the legal principles as to the purpose of assignment of claims or the omission of reasoning, which affected the conclusion of the judgment, and it is not recognized that there is no other ground for appeal under Article 12 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
Therefore, the appeal application is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Sang-won (Presiding Justice) Lee Jong-won (Presiding Justice)