시효완성 후 채무승인과 시효이익의 포기 - 대상 판결: 대법원 2025. 7. 24. 선고 2023다240299 전원합의체 판결 -

초록

The judgment at issue abolished the long-established presumptive doctrine regarding the acknowledge of debt after completion of prescription. This is reasonable from the perspective of the debtor's legal status resulting from the completion of prescription and the resulting need for debtor protection. The completion of prescription is a matter of complex consideration, requiring a comprehensive consideration of various factors. Even the debtor cannot definitively determine whether the statute of limitations has expired. Furthermore, the debtor's awareness of completion of prescription cannot be estimated based on empirical rules. In situations where the completion of prescription is difficult to determine, it is inappropriate to presume, through a two-step presumption, that the debtor was aware of the completion of prescription and waived the benefit of completion of prescription. On the other hand, the separate opinion, which seeks to justify the presumptive doctrine in the context of the need for creditor protection, is difficult to support because it trivializes the debtor's interests, which should be prioritized in the extinctive prescription. Furthermore, effectively blocking a debtor who has made partial payment from waiving the benefit of the statute of limitations would have the unintended consequence of favoring a debtor who has not yet performed their obligation. Designating a portion of a payment without a specified obligation as a prescriptive obligation based on the interpretation of a declaration of intent requires extreme caution. If the designated obligation is not confirmed by the interpretation of a declaration of intent, the prescriptive obligation should be excluded from the scope of legal doctrine of appropriation. This purposive, narrow interpretation aimed at protecting the debtor's interests in the prescriptive obligation is supported by foreign legislative precedents. While the principle of good faith may apply to the acknowledgment of debt and waiver of prescription benefits after the completion of prescription, given its general nature, solutions based on individual systems should be prioritized.

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