대물변제약정의 법적 성질과 효력

Abstract

In Korean Contract Law, one can be deemed discharge of debt by "substitute reimbursement", which consists of “ agreement of repayment by a substitute" and fulfillmentof the agreement". Thus, “ agreement of repayment by a substitute" and fullfillment of the agreement" are the two essential elements that make up the system of “ substitute reimbursment". These two factors have been combined and widely understood under the name of “ Realvertrage, real(or substantiaJ) contract". As a result, up until the introduction of the fulfillment of obligations, there was a question of whether the reimbursement agreement was effectively established as a contract, and in particular, whether the creditor or the debtor had any rights to the other person. While “ accord and satisfaction" in common law is often integrated and operated as one system, the two terms may also have distinct meanings on its own ‘Accord’ isrecognized as a valid contract and affects the legal relationship between the parties including the effect of the suspension of the original duty debt before the ‘satisfaction' is achieved. This article examines the legal precedents and thecries related to the legal nature and effect of the "agreement of repayment by a substitute", particularly with regards to the legal relationship between the parties before the fulfillment of the agreement. The law of ‘accord and satisfaction" in common law can be referenced as an aid to the interpretation of the legal nature and effect of the “ agreement of repayment by a substitute'’ in Korea. Although introducing the contract of reimbursement for the annulment of obligation may require additional documents such as the requisite property and so on, such various forms of reimbursement agreement may be valid, as it may grant various rights and obligations that are in accordance with the intent of both parties even before the satisfadion' is granted.