Appropriation and Transplant of Performance

If the principal and the agreement is due for all of the principal and interest in the lending and borrowing relationship, the empirical rule that, in principle, the agreement between the date of the first payment is appropriated to the principal and the balance is appropriated to the principal, shall not be recognized, and when the repayment is appropriated by the method of legal appropriation, the interest shall be reduced to the extent of the restriction on transplant.

Articles 491 and 489 of the Civil Act

Annives house

Hanok-guin

Seoul High Court Decision 58No397 delivered on August 19, 1958, Seoul High Court Decision 2007

In the event that the parties did not appropriate funds for repayment under Articles 491 and 489 of the Civil Act at the time when the parties agreed to appropriate funds for repayment, and in the lease relationship, if the principal and the amount of funds that can not be appropriated for all are due for repayment, the rule of experience cannot be acknowledged that the agreement is appropriated for the first time until the date of payment, in principle, if the principal and the amount of funds can be appropriated for the principal. In addition, in the case of appropriation of funds through the method of statutory appropriation, the excess of the transplant restriction age is null and void, and thus, the transplant shall be reduced to the extent of restriction. According to the records and the original judgment, the court below was just in 80,000 funds from September 22, 1956 to May 10, 1957, and the defendant did not claim that the remaining funds were appropriated for the first time from June 1, 1957 to 80,000 funds from the 196th day of payment of the principal and the remaining funds from May 10, 197.

Justices Go Jae-ho (Presiding Justice) Mah-ho (Presiding Justice)