사무관리법의 적용범위 확장과 그 제한 “대법원 2010. 1. 14. 선고 2007다55477”을 중심으로

Abstract

The 2007DA55477 decision provides an implication for extending the scope of application of benevolent intervention in another's affairs. The previous decisions relevant with this subject had defined "intention of benefiting another" in a manner of determining whether an intervener has the intention to benefit another(the principal) through intervening his affairs. As compared to that, the 2007DA55477 decision modifies the definition of intention of benefiting another by expanding its applicative scope. Moreover, it ends up with presuming the intention of benefiting another even if an intervener acts with a mixture of his own interests and another's interests. According to an advocate for the decision, it will make a better outcome that an intervener has more opportunity to get reimbursement from the benefiting another. The institution of benevolent intervention in another's affairs, however, aims to balance interests of both intervener and another, not solely to ensure reimbursement. It cannot be justified that an intervener has a right to reimbursement even when in substance he has been acting for his own interests merely because a little part of his intention was to benefit another. Thus, the assumption of the intention to benefit another deserves further considerations where the pursuit of another's interests and the pursuit of intervener's own interests have been combined together.