Whether the original claim is extinguished in the case of the assignment of claims for debt repayment (negative)

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 a transfer by means of a security or repayment for the repayment of the debt, and it is not deemed that the original claim is extinguished as it is transferred in lieu of the repayment of the debt.

Articles 449 and 466 of the Civil Act

Plaintiff

Defendant 1 and two others

Daegu District Court Decision 80Na146 delivered on December 24, 1980

The judgment below is reversed, and the case is remanded to the Daegu District Court Panel Division.

The plaintiff's grounds of appeal are examined.

According to the reasoning of the judgment below, the court below should have held that the above non-party 1's obligation to the non-party 2 was terminated without any dispute between the parties, and that the non-party 2 and the defendant 3 were jointly and severally liable for the above non-party 1's obligation to pay the above non-party 1's check and the above non-party 1's obligation to pay the above non-party 1's check and the non-party 2's obligation to pay the above non-party 1's debt were not extinguished by the agreement with the plaintiff and the non-party 2's transfer of the above non-party 2's obligation to the non-party 1's credit and the non-party 2's obligation to pay the above non-party 1's debt amount to the non-party 2's non-party 1's non-party 2's credit and the above non-party 2's credit amount to the above non-party 1's credit amount to the above non-party 2's credit amount were extinguished.

Therefore, the judgment of the court below shall be reversed and the case shall be remanded to the Daegu District Court Panel Division. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Jong-young (Presiding Justice)