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Main Issues
Whether the original claim ceases to exist in the case of the transfer of any other claim to the creditor for the discharge of the obligation to the creditor
Summary of Judgment
Unless otherwise agreed by a special agreement, the transfer of a certain other claim to a creditor for the repayment of the obligation to the creditor is transferred by means of a security for the repayment of the obligation, and it cannot be deemed that the original claim ceases to exist due to the transfer in lieu of the repayment of the obligation.
Plaintiff-Appellee
Plaintiff
Defendant, the superior, or the senior
Defendant
original decision
Daejeon District Court Decision 75Na64 delivered on November 14, 1975
Text
The appeal is dismissed. The costs of appeal are assessed against the defendant.
Reasons
The defendant's grounds of appeal are examined.
Unless there is a special agreement, in transferring a certain other claim to the creditor for the repayment of the obligation to the creditor, the assignment of the claim is transferred as a collateral for the repayment of the obligation, and it cannot be deemed that the original claim is extinguished as it is transferred in lieu of the repayment of the obligation. Accordingly, the court below's decision that the transfer of the claim amounting to 2.50,000 won against the non-party 2 of this case to the plaintiff to the plaintiff is justifiable in holding that the plaintiff's claim against the defendant was not transferred as a substitute for the repayment of the claim against the defendant, and there is no evidence that the plaintiff received the payment of the above claim against the defendant. Thus, the court below did not err in the misapprehension of legal principles as to the extinguishment of the obligation like the theory of lawsuit, and the court below's decision that the non-party 3 borrowed 100,000 won from the plaintiff on January 16, 1970, the defendant did not have an obligation to pay the plaintiff the above claim amounting to 170,000,17000.
Therefore, without merit, 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 Lee Young-young (Presiding Justice)