제척기간이 경과한 채권에 대한 민법 제495조의 유추적용 - 대판 2019.3.14., 2018다255648 -

The subject judgment was able to offset the claim of the other party before the expiry of the expulsion period even if the period of expulsion of the claim of the contractor based on the collateral liability of the contractor was over, in the case of whether the contractor could offset the claim of the other party by appropriating Article 495 of the Civil Act, In the case, Article 495 of the Civil Code can be used as an automatic claim to offset the other party's claim. The exclusion period is also determined when it is necessary to confirm the legal relationship as soon as possible.,The exclusion period for the claim protects the obligor as in the statute of limitations, and suppresses the exercise of the claim that has become difficult to prove over time.,In this regard, the exclusion period for the claim is similar to the statute of limitations.,Therefore, considering this point, even after the period of exclusion of the damages claim of the contractor based on the collateral liability of the contractor, it is reasonable to judge the contractor that the contractor can offset the other party's bonds by using Article 495. However, it is reasonable to affirm the analogy of Article 495 only if there is a relationship between automatic bonds and manual bonds in the view of proper consideration of the legislative purpose of Article 495 to protect the trust of the possibility of counterattack along with the institutional purpose of the exclusion period to promote the rapid confirmation of legal relations.,This interpretation is consistent with the purpose of Article 495, which is the protection of trust in the counterattack of the parties, and also the purpose of the exclusion period.