2012년 민사(채권법) 중요 판례

Abstract

This study intends to review the meaning of 5 key judgments (supreme court decision) among those related to the civil cases (Law of Obligations) handled by the Supreme Court during the whole year of 2012. In the event that a contract is automatically canceled after the notification of exercise of subrogation right of creditor in accordance with the stipulation concluded before the notification due to the default on an obligation of the debtor or that a 3rd debtor cancels the contract, the following precedents are remarkable decisions and the attitude of subjective judgment (majority opinion) is lawful for the precedents; the supreme court decision on : (i) Supreme Court Sentence 2011DA87235 on May 17, 2012 on whether a 3rd debtor may make a claim against the creditor as the meaning of cancelation of contract (activism in principle); (ii) Supreme Court Sentence 2010DA28604 on May 17, 2012 on whether the compensatory damage claim caused by impossibility of performance of real action ; (iii) Supreme Court Sentence 2011DA45521 on February 16, 2012 on the requirements to make a claim against the execution creditor as a setoff in the event that a 3rd debtor who received the order of seizure of credit has the counter obligation against the debtor seized, and (iv) Supreme Court Sentence 2010DA82530 on February 16, 2012 on the type of attribution of subscription sale completion right in the event that several creditors conclude a contract having themselves as joint buyers on the debtor real property owned by the debtor for the purpose of security for an obligation. However, it is reckoned that individual opinion is valid for Supreme Court Sentence 2010DA28840on March 22, 2012 on whether only the notification of assignment of an obligation may constitute the ‘exercise other than trial on right’ required to comply during the exclusion period (negativism).