The case affirming the court below's decision that the debtor's deposited money to the effect that it is all the balance of the principal and interest of the loan to the creditor was extinguished by the creditor's receipt of the entire amount of the principal and interest of the loan without express objection

Article 487 of the Civil Act

Plaintiff

Defendant

Supreme Court Decision 93Da16338 delivered on January 25, 1994

Seoul High Court Decision 94Na11226 delivered on June 24, 1994

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

In light of the records, the court below's determination that the defendant received the money deposited by the plaintiff to the effect that it is all the balance of the principal and interest of the loan to the defendant after cooking the evidence and recognizing the facts as stated in its holding is just and acceptable, and that the plaintiff's obligation of the principal and interest of the loan to the defendant was extinguished in full due to the defendant's receipt of the money without any express expression of intent of reservation. There is no error of law such as incomplete deliberation like the theory of lawsuit, misconception of facts due to violation of the rules of evidence, and obvious violation of

Therefore, the defendant's appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Don-hee (Presiding Justice)