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(영문) 대법원 1962. 5. 3. 선고 4294민상971 판결
[대여금][집10(2)민,262]
Main Issues

The appropriation of debts where the money furnished as repayment of a pecuniary obligation cannot extinguish all the principal and the agreed obligation;

Summary of Judgment

In a case where a debtor has an obligation under a loan for consumption or an agreed interest thereon against the creditor, and the money which the debtor has furnished as the repayment cannot be extinguished in whole of the principal and the agreed principal, if there is no indication that it would be appropriated for the repayment of either the interest or the principal, the payment of which would be made by the person effecting the repayment or the person effecting the repayment, shall first be appropriated for the repayment of the interest within the extent

C.

[Reference Provisions]

Article 479 of the Civil Act

Plaintiff-Appellee and appellant

Lee Dong-chul

Defendant-Appellant and Appellee

Meritorious decoration;

Judgment of the lower court

Seoul High Court Decision 59No1273 delivered on July 13, 1961, Seoul High Court Decision 201Da1273 delivered on July 13, 201

Text

The defendant's appeal shall be dismissed.

The costs of appeal by the defendant are assessed against the defendant.

The plaintiff's appeal is reversed by the original judgment, and this case is remanded to the Seoul High Court.

Reasons

(1) The defendant's appeal is dismissed in accordance with Article 399 of the Civil Procedure Act, since the defendant's appeal was lawful, even though the defendant did not state the grounds for appeal in the petition of appeal, and the appellate brief is not submitted within the statutory period.

(2) The plaintiff's grounds of appeal are as follows. (A) If 2.5 months old interest rate of 1,000 were to be paid to the creditor, 1.5 months old interest rate of 1,000,000 won, 2.5 months old interest rate of 1,000 won was to be paid, 1.5 years old interest rate of 1,000 won was to be paid to the creditor, 2.5 years old interest rate of 1,000,000 won was to be paid to the creditor, 1,0000 won, 1,000,0000 won was to be paid to the creditor, 2.5 years old interest rate of 2,000 won was to be paid to the plaintiff, 1,000 won, 1,000,000 won, 1,000 won, 1,000 won, 2,000 won, 1,000 won, 2,000 won.

Therefore, it is so decided as per Disposition with the assent of all participating Justices.

Justices of the Supreme Court (Presiding Judge)

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