2011년 민사(채권법) 중요 판례

Abstract

This paper deals with the deeper significance of 12 cases picked out arbitrarily amongst the verdicts that has to do with Civil Obligations Law that the Korean Supreme Court had handled throughout the year 2011. The following listed cases look to be quite meaningful in terms of its ruling. Supreme Court case no. 2008da15438 heard, tried and announced on April 28th 2011, where there was a question of whether the corporate executor was included in the ‘representation of the corporation’ according to the prescribed Civil Law no. 35 clause 1, Supreme Court case no. 2009da80521 heard, tried and announced on October 13th 2011, whether presumptions can be made as to whether there was an actual default due to negligence in duties by the representative director just with the result that there was financial damage incurred with no collection of money to the financial institution, and Supreme Court case no. 2010da53419 heard, tried and announced on January 13th 2011 regarding the increase in the original amount of alimony in the case where there was a significant change in currency with many years passing between the occurrence of the illegal activity and the termination of the defence plea. Other special note should be given to Supreme Court case no. 2010da63720 heard, tried and announced on October 13th 2011 where a person who was violated with their freedom of passage on public streets could file a lawsuit against such obstructions and the Supreme Court case no. 2011da10266 heard, tried and announced on October 13th, 2011 where the time limited purchaser’s right of claim for damages can come under the extinctive prescription regarding the warranty responsibilities by the seller unlike the rule and principles (exclusion period) stated by Civil Law no. 582.