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조원현 ( Won Hyun Cho ) 영남대학교 법학연구소 2014 영남법학 Vol.0 No.39
Default implies what a debtor doesn`t perform according to the contents of a debt. Our conventional civil law prescribed the performance delay and the non-performance as a specific proviso in terms of default type, and took a theory of three classifications by having imperfect performance as comprehensive provision. Even in Jaoan like our case, a critical opinion about this is being raised recenntly. The theory of two classification in the perfomance delay and the non-performance, which are the conventional default types, is what was established under the proposition as saying of being available for distinguishing between performance and non-performance in debt.It pointed out that a debt form came to appear, which isn`t clear in possibility and impossibility of performance in light of characteristic in complex modern society such as a case of being not definitely distinguished the appearance of being possible or impossible in performance of doctor`duty in case of making an appointment with a doctor. The theory of two classifications was lost its validity. Thus, the assertion as saying of being needed re-examination is being raised. Accordingly, it is considered to be likely more rational to prescribe by including this in ultimate non-performance of debt, not what will prescribe default tvpe restrictively.
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