본문 바로가기 주메뉴로 바로가기
All
TITLE Supreme Court Decision 2014Da32458 Decided July 11, 2017【Objection to Distribution】* First draft [full Text]
Summary
[1] Criteria for determination as to whether there exists an expression of intent to waive prescription benefits
[2] In a case where the period of extinctive prescription had run and thereafter a debtor’s liability was acknowledged, thereby giving rise to a circumstance fulfilling the grounds for tolling the extinctive prescription period, whether it can be deemed that intent to waive prescription benefits was immediately expressed (negative)
[3] In the event a debtor partly repaid a debt after the period of extinctive prescription expired, whether it can be deemed an implicit acknowledgement of the debtor’s liability in its entirety (affirmative in principle)
In a case where (a) a debt was secured by collateral after the extinctive prescription period had run, (b) resulting in the real estate owned by the debtor being auctioned off and the payment therefrom having been distributed, and (c) the debtor did not raise any objection until the payment was appropriated to partly repay the debt, whether it can be deemed as the debtor having waived the prescription benefits (affirmative in principle), and whether in such case the debtor can be deemed to have implicitly waived said benefits if another creditor raises an objection and, by exercise of the right of subrogation, claimed that the period of extinctive prescription had run (negative)
Prev Supreme Court Decision 2016Do14820 Decided July 11, 2017【Violation of the Special Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Breach of Trust) (Defendant 1’s Partly Acknowledged Name of Crime: Attempted Occupational Breach of Trust, Defendant 2’s Acknowledged Name of Crime: Occupational Breach of Trust); Violation of the Special Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement); Occupational Breach of Trust (Defendant 1’s Partly Acknowledged Name of Crime: Violation of the Special Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Breach of Trust), Partly Changed Name of Crime: Violation of the Special Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)); Occupational Embezzlement (Changed Name of Crime: Violation of the Special Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)); Fraud; Perjury】* First draft
Next Supreme Court Decision 2017Do3808 Decided June 29, 2017 【Violation of the Unfair Competition Prevention and Trade Secret Protection Act (Unauthorized Divulgence of Trade Secrets, etc.); Occupational Breach of Trust】 * First draft
219 Seocho-ro,Seocho-gu,Seoul 06590,Republic of Korea 02-3480-1100