[압류채권지급][집36(1)민,41;공1988.4.1.(821),511]
Whether the original claim is extinguished where another claim is transferred to the creditor for the discharge of the obligation.
In case where other claims are transferred to a creditor for the repayment of obligations to a creditor, the assignment of claims is not transferred by means of a security for repayment of obligations or a method of repayment, unless there are special circumstances, and it is not transferred in lieu of the repayment of obligations, and the original claim is not extinguished
Articles 449 and 466 of the Civil Act
Supreme Court Decision 81Da354 Delivered on January 10, 1981
Korea
Han Han General Construction Co., Ltd., Counsel for the defendant-appellant
Seoul High Court Decision 87Na57 decided July 20, 1987
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The defendant's attorney's grounds of appeal are examined.
In transferring a certain other claim to a creditor for the repayment of a debt to the creditor, barring special circumstances, the assignment of the claim is not a transfer by means of a security for the repayment of the debt or by means of repayment, and it is not a transfer to the creditor in lieu of the repayment of the debt. Thus, the original claim is not extinguished, but a party member is a precedent (see Supreme Court Decision 81Da354 delivered on October 13, 1981
According to the reasoning of the judgment below, the court below found the defendant's claim against the non-party 1 to 1982,257,38 won in total, including corporate tax against the plaintiff from December 12, 1982 to January 1, 1985. The plaintiff's claim against the non-party 1 to 1983.3.15, 1984, and 17.3 times on March 17, 1985, the above non-party 1's claim against the non-party 1 to 193,00,000 won in consideration of the above non-party 1's claim against the non-party 1 to 190,000 won in accordance with the contract for the construction of ○○ General Hospital and the defendant's claim against the non-party 1 to 200,000 won in consideration of the above defendant's claim against the non-party 1 to pay the above non-party 1 to the above non-party 2.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Yellow-il (Presiding Justice)