채무자의 재판상 청구로 인한 시효중단의 효력이 추심채권자에게 미치는 여부 - 대상판결: 대법원 2019. 7. 25. 선고 2019다212945판결 -

정태우 서강대학교 법학연구소 2020 서강법률논총 Vol.9 No.1

When a collector creditor receives an order for seizure and collection regarding a debtor's financial receivables to a third debtor (hereinafter referred to as “the seized receivable”), the collector creditor shall have right(authority of collection) to collect the seized receivable substituted for the debtor. In other words, only a collection creditor can file a complaint against a third debtor, and the debtor loses the legitimate plaintiff. In the judgement, the collector creditor received an order for seizure and collection regarding the seized receivable in the course of a debtor’s lawsuit, and the case was dismissed due to losing the standing to sue. The collector creditor then filed a lawsuit against the third debtor and the issue was whether the effect of the interruption of prescription period on the debtor’s initial trial claim would affect the collector creditor. The target judgement recognized that the collector creditor acquired the party’s eligibility against the seized receivable in lieu of the debtor and the effect of the interruption of prescription period made by the debtor on the rightsholder’s status was also on the collection creditor who was entitled to the authority of collection on the seized receivable according to the authority of the executive court. The original trial’s conclusion was the same as that of the target judgement in recognition of the effect of discontinuation. However, there was a difference for that reason. The original court noted that the effect of the discontinuance of the initial trial claim by the debtor on the collector creditor was due to the collector creditor’s succession of the rights from the debtor. But if the collection creditor was interpreted as the successor of the debtor’s rights to the third debtor, it may also be regarded as actually transferring the right, which may conflict with the meaning of the collection creditor’s power. In addition, if the succession of rights of the collection creditor is interpreted to have the same meaning as the successor Under Article 169 of the Civil Code, there is room for it to be interpreted that the effect of the seizure and collection order reaching the third debtor occurred the effect of interruption of precription immediately and retroactively(effect as the successor). This is contrary to the Supreme Court’s existing position directly. Therefore, the reason for the original trial seems to be somewhat problematic, and the reason for the decision is valid. 추심채권자가 채무자의 제3채무자에 대한 금전채권(이하 ‘피압류채권’)에 대하여 압류 및 추심명령을 받은 경우, 추심채권자는 채무자를 갈음하여 피압류채권에 대한 추심권(추심권능)을 가진다. 즉, 제3채무자에 대한 이행의 소는 추심채권자만이 제기할수 있고, 채무자는 피압류채권에 대한 이행소송의 당사자적격을 상실한다. 대상판결에서 추심채권자는 채무자의 피압류채권에 대한 이행 소송 중 피압류채권에 대하여 압류및 추심명령이 받았고, 채무자의 이행소송은 당사자적격의 상실로 소 각하되었다. 그후, 추심채권자는 제3채무자에 대하여 추심금 청구를 하였는데, 채무자의 최초 재판상청구에서 발생한 시효중단의 효력이 추심채권자에게 미치는지 여부가 쟁점이 되었다. 이에 대하여 대상판결은 추심채권자가 채무자를 갈음하여 피압류채권에 대한 이행소송의 당사자적격을 취득하므로 채무자가 권리주체의 지위에서 한 시효중단의 효력은 집행법원의 수권에 따라 피압류채권에 대한 추심권능을 부여받아 일종의 추심기관으로서 그 채권을 추심하는 추심채권자에게도 미친다고 판시하여 시효중단 효력을 인정하였다. 원심도 시효중단 효력을 인정하였다는 점에서 대상판결과 결론은 동일하였다. 다만, 그 이유에서 차이가 있었다. 원심에서는 추심채권자가 채무자로부터 그 권리를승계하기 때문에 채무자의 최초 재판상 청구의 시효중단 효력이 추심채권자에게 미친다고 보았다. 그러나, 추심채권자가 채무자의 제3채무자에 대한 권리를 승계하는 것으로 해석하면, 사실상 그 권리를 이전받는 것이라고도 볼 수 있어서 추심채권자의 추심권능이라는 의미와는 상충될 여지가 있다. 또한, 추심채권자의 권리승계가 민법 제169 조 상 승계인과 동일한 의미라고 해석된다면, 압류 및 추심명령이 제3채무자에게 도달함과 동시에 바로 소급하여 피압류채권의 시효가 중단되는 효과(승계인으로서의 효과) 가 발생한다고 해석될 여지도 있는데, 이는 대법원의 기존 입장과 정면으로 배치된다. 따라서 원심의 이유 설시 부분은 다소 문제가 있어 보이고, 대상판결의 이유가 타당하다.

병원 병동의 오염물 운반과 수직운송설비에 관한 연구

鄭泰雨,李洛雲 한국병원건축학회 1995 의료·복지 건축 Vol.1 No.1

Several kinds of medical materials are supplied and returned or disposed everyday in hospitals. And so, the transportation system has to be planned according to their circulation. This study ained at clearifying the relation between the stock area in ward and the departments in which the contaminated materials are disposed or recleaned and the utilization of vertical transportation system with regard to contaminated materials. The results are as follows : 1) The stock area/rooms for contaminated materials are dipersed according to their kinds. Several department have relation with the area/rooms in ward. 2) The vertical transportation system for contaminated materials are not reserved and utilized independently in hospitals surveyed. And so, cross contamination can easily occur. Therefore, independent transportation system is required and utilized only for them.

병원 병동부 간호운영방식과 환자생활상에 따른 건축계획적 연구

鄭泰雨,金光文 한국병원건축학회 1995 의료·복지 건축 Vol.1 No.1

This study was proceeded as follows. Firstly, the plan type of the ward of korean hospitals does not correspond to team nursing method, but that contains this. So, therefore there are many problems that are inefficiency, unhumane nursing and so forth. To expel these, the method of team nursing in existing hospitals was checked out and compared to that of foreign hospitals. The new type of plan of ward was accentuated to be accepted in the process of designing for team nursing. Secondly, the concept of designing ward is progressing to the patient-centered philosophy. And so, the demands of inpatients and their lifestyle in ward are significant. Therefore, inpatients were interviewed and their answers were analized and their behavior was surveyed in bahavioral maps and analized. Their demands and lifestyle are accentuated to be accepted in the process of designing wards.

우편물 통합처리 시스템 구축 예비타당성 분석

정태우,정한일,서용원,이성준,김호연 한국경영과학회 2007 한국경영과학회 학술대회논문집 Vol.2007 No.05

애멸구 대량 비래후 살충제 처리와 벼줄무늬잎마름바이러스(Rice stripe virus) 발생 관계 조사

정태우,김병련,한광섭,강동우,정임영,임현섭,김정수 한국식물병리학회 2012 식물병연구 Vol.18 No.3

The small brown planthopper (Laodelphax striatellus) is one of the most important rice pests in Republic of Korea because it damages rice plants not only by sap-sucking but also by transmitting Rice stripe virus (RSV). Outbreaks of RSV are closely related to outbreaks of the small brown planthopper (SBPH). Therefore, it is very important to control SBPH for the management of RSV. Mass-migrating SBPH collected by aerial net traps in June 2011 at Taeanup, Geunheungmyon and Gonammyon in Taeangun were examined for virus carrier status and effects of the pesticide, ‘Myungtaja’, on the control of RSV. Among 1,217 SBPH trapped,about 7.7% were detected as RSV positive and 4.4% were positive for Rice black streak dwarf virus (RBSDV)by RT-PCR. After the mass migration, pesticide ‘Myungtaja’ was sprayed once or twice on rice fields and compared to untreated fields. The incidence of RSV was not affected by the frequency of spraying ‘Myungtaja’ but was influenced by the time of pesticide treatment. Myungtaja’ treatment within 5−7 days after mass migration resulted in the most efficient RSV control, resulting in RSV incidence decreased by 87.6% compared to the control. Therefore, we conclude that pesticide spraying for RSV control was most effective when it was done within 5−7 days after mass migration. 0

CTRP9 Regulates Growth, Differentiation, and Apoptosis in Human Keratinocytes through TGFβ1-p38-Dependent Pathway

정태우,박형섭,최금희,김대환,이태승 한국분자세포생물학회 2017 Molecules and cells Vol.40 No.12

Impairment of wound healing is a common problem in individuals with diabetes. Adiponectin, an adipocyte-derived cytokine, has many beneficial effects on metabolic disorders such as diabetes, obesity, hypertension, and dyslipidemia. C1q/TNF-Related Protein 9 (CTRP9), the closest paralog of adiponectin, has been reported to have beneficial effects on wound healing. In the current study, we demonstrate that CTRP9 regulates growth, differentiation, and apoptosis of HaCaT human keratinocytes. We found that CTRP9 augmented expression of transforming growth factor beta 1 (TGF1) by transcription factor activator protein 1 (AP-1) binding activity and phosphorylation of p38 in a dose-dependent manner. Furthermore, siRNA-mediated suppression of TGF1 reversed the increase in p38 phosphorylation induced by CTRP9. siRNA-mediated suppression of TGF1 or p38 significantly abrogated the effects of CTRP9 on cell proliferation and differentiation while inducing apoptosis, implying that CTRP9 stimulates wound recovery through a TGF1-dependent pathway in keratinocytes. Furthermore, intravenous injection of CTRP9 via tail vein suppressed mRNA expression of Ki67 and involucrin whereas it augmented TGF1 mRNA expression and caspase 3 activity in skin of type 1 diabetes animal models. In conclusion, our results suggest that CTRP9 has suppressive effects on hyperkeratosis, providing a potentially effective therapeutic strategy for diabetic wounds.

우편물 통합처리 시스템 구축 예비타당성 분석

정태우,정한일,서용원,이성준,김호연 대한산업공학회 2007 대한산업공학회 춘계학술대회논문집 Vol.2007 No.5

병원건축의 유지관리 기법에 관한 연구

정태우,김광문,성호복 한국의료복지시설학회 2001 의료·복지 건축 Vol.7 No.2

The purpose of this study is to suggest the facllity management data for hospitals. The work scope of facility management(FM) for hospitals was comprehensively and concretely classified. The methods of FM are compared between Korean hospitals and Japan hospitals. A domestic hospital has some problems in FM. Some indexes of FM are abstracted in the Korean hospital through the comparison.

서울대기중 휘발성 알데히드의 정량 ( Determination of Volitile Aldehyde in Seoul Ambient Air )

정태우,이용근 한국대기환경학회 1994 한국대기환경학회 학술대회논문집 Vol.- No.-

METRNL attenuates lipid-induced inflammation and insulin resistance via AMPK or PPARδ-dependent pathways in skeletal muscle of mice

정태우,이성훈,김형천,방준석,A. M. Abd El-Aty,AhmetHac ımüftüoğlu,신용규,정지훈 생화학분자생물학회 2018 Experimental and molecular medicine Vol.50 No.-

Physical activity has many beneficial effects on metabolic disorders, such as obesity, insulin resistance, and diabetes. Meteorin-like protein (METRNL), a novel secreted protein homologous to the neurotrophin Metrn, is induced after exercise in the skeletal muscle. Herein, we investigated the effects of METRNL on lipid-mediated inflammation and insulin resistance in skeletal muscle via AMP-activated protein kinase (AMPK) or peroxisome proliferator-activated receptor δ (PPARδ). Treatment with METRNL suppressed inflammatory markers, such as nuclear factor κB (NFκB) nuclear translocation, inhibitory κBα (IκBα) phosphorylation, interleukin-6 (IL-6) expression, and pro-inflammatory cytokines (such as TNFα and MCP-1). METRNL treatment also attenuated the impaired insulin response both in palmitate-treated differentiated C2C12 cells and the skeletal muscle of high-fat diet (HFD)-fed mice. Furthermore, METRNL administration rescued glucose intolerance and reduced HFD-induced body weight gain in mice; however, METRNL did not affect calorie intake. METRNL treatment increased AMPK phosphorylation and PPARδ expression both in differentiated C2C12 cells and mouse skeletal muscle. siRNA-mediated suppression of AMPK and PPARδ abrogated the suppressive effects of METRNL on palmitate-induced inflammation and insulin resistance. Moreover, METRNL augmented the mRNA expression of fatty acid oxidation-associated genes, such as carnitine palmitoyltransferase 1 (CPT1), acyl-CoA oxidase (ACO), and fatty acid binding protein 3 (FABP3). siRNAs for AMPK and PPARδ reversed these changes. In the current study, we report for the first time that METRNL alleviates inflammation and insulin resistance and induces fatty acid oxidation through AMPK or PPARδ-dependent signaling in skeletal muscle.