합의에 의한 제척기간 연장과 그 기간 경과 이익의 포기

In its ruling of June 9, 2022 (Korea Supreme Court, Ruling of June 9, 2022 – 2017Da247848), the Korean Supreme Court (Korea Supreme Court) upheld the consensual extension of the limitation period and the waiver of the benefit after the expiration of the limitation period in connection with the interpretation of Article 814 (1) of the Korean Commercial Code (KCC). Specifically, the deadline can be extended by agreement between the parties even after the expiration of the limitation period, and the same applies to the benefit after the expiration of the limitation period. However, the following conditions must be met: The prerequisite is that the parties clearly express their intention not to benefit from the legal advantage due to the expiration of the limitation period. This position of the KOCC differs from the prevailing opinion. This article analyzes and reviews the reasons for the KOCC's decision. First, the legal nature of the limitation period specified in Article 814 (1) of the KCC is examined. A legal, historical, and interpretative review of the provision was conducted. As a comparative legal analysis, the situation in Germany and Japan was examined. Furthermore, the existing understanding of the waiver of benefits after the expiration of the limitation period was evaluated. Finally, the competing views were analyzed in light of the KOGH decision, and a separate position was presented. In summary, waiving the benefit after the expiration of the limitation period is generally impermissible. However, there may be a limited number of circumstances under which a waiver is permissible.