beta
Main Issues
The meaning of the so-called "amount borrowed" under Article 607 of the Civil Code
Summary of Judgment
The term "loan amount" as referred to in this Article means a loan for consumption or a quasi loan for consumption.
the borrower may have the duty of the borrower to be returned by
It does not include any case accompanied by an act.
[Reference Provisions]
Article 607 of the Civil Act
Plaintiff-Appellant
Red Shellel
Defendant, Jae-Appellant
Earlycheon
Judgment of the lower court
Busan District Court Decision 64Na299 delivered on May 31, 1965, Decision 64Na299 delivered on May 31, 1965
Text
The original judgment is reversed, and the case is remanded to Busan District Court Panel Division.
Reasons
The grounds of appeal No. 2 by the Plaintiff’s attorney are examined.
The judgment of the court below rejected the plaintiff's claim on the premise that the loan of Article 607 of the Civil Code includes not only the loan of consumption but also the loan of consumption, and also the contract of payment in kind is invalid in accordance with Article 607 and Article 608 of the Civil Code.
However, the loan amount as stipulated in Article 607 of the Civil Act means only the obligation of a borrower to return under a loan for consumption or a quasi-loan for consumption, and it does not include any case accompanied by a wide commercial act. However, the court below's decision that the court below's decision that the ownership of the land in this case is null and void in accordance with Article 607 and 608 of the Civil Act as the reason for the original decision to transfer the ownership of the land to the plaintiff in lieu of a partial refund of the obligation to return the deposit money at the time of original decision is erroneous in the misapprehension of the legal principles on the reservation of return of the substitute deposit, and this may affect the conclusion of the original decision, and the appeal on this point is reasonable, and the original decision is remanded to the Busan District Court for further proceedings. It is so decided as per Disposition by the assent of all participating judges.
Justices of the Supreme Court (Presiding Judge) Mag-kim Kim-bun and Magman