It is inconsistent with the reasoning of the judgment that recognized the extinguishment of the existing obligation by agreement between the parties, and judged that the claim already extinguished has become extinct as a matter of course due to the occurrence of unexpected circumstances.

Recognizing the fact that the existing obligation has been extinguished by an agreement between the parties, it is inconsistent with the reasoning of the judgment that the claim already extinguished has become difficult as a matter of course due to the occurrence of unexpected circumstances.

Article 500 of the Civil Act, Article 394(1) of the Civil Procedure Act

Plaintiff

Defendant

Jeonju District Court Decision 70Na61 delivered on November 13, 1970

Of the original judgment, the part against the defendant is reversed;

This part shall be remanded to the Panel Division of the Jeonju District Court.

The defendant's grounds of appeal are examined.

According to the reasoning of the judgment, the court below acknowledged that the above 10th 16th 16th 16 of December (15th 1967) had no record of the plaintiff's first 6th 5th 5th 5th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 1969 2th 1969 2th 6th 197 16th 6th 6th 6th 6th 1966 16th 197 16th 6th 6th 197 16th 6th 6th 196) had no record of the plaintiff's claim for the above 1th 1st 6th 1st 6th 6th 2nd 196 16th 196th 26th 196. 26th 196

Therefore, without requiring any judgment on the remaining grounds of appeal, the part against the defendant in the original judgment shall be reversed and remanded. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices of the Supreme Court (Presiding Judge) Kim Young-chul Kim Young-ho (Presiding Judge)