부진정연대채무에서 다액채무자의 일부변제 효과에 대한 독일 및 일본과의 비교법적 검토 - 대법원 2018. 3. 22. 선고 2012다74236 전원합의체 판결을 바탕으로 -

The Supreme Court of Korea held en banc decision that the obligation solely assumed by the large-sum obligor, concerning two or more obligors with quasi-joint and several liability for repaying debts of varying amount, which of the obligation is the first to become extinct as a result of the obligor who owes a large amount having partly repaid the total amount due. This thesis considers the following: (a) The structures of quasi-joint and several liability are compared with the legal system of each country; (b) Korean quasi-joint and several liability is compared with the German legal system; (c) The concept of quasi-joint and several liability is summarized; (d) The positions of German and Japanese cases are analyzed in the case where an obligor who owes a large amount has partially payed the liability; (e) The significance of the judgement is assessed. If an obligor who owes a larger amount is insolvent, the obligors - not the creditor - should take responsibility. It is the intention of quasi-joint and several liability to protect creditors and make them receive substantial damages. The court ruling clarified this issue. Further, this judgement is meaningful due to establish a standard that can be uniformly applied to all types of an obligor’s partial performance in quasi-joint and several liability.