ENGLISH

Loan Agreement
Accord and Satisfaction
Purpose of Accord and Satisfaction
- If a debtor has done an act of performance different from, and in substitution for the one originally intended with the consent of the creditor, such act shall be deemed a valid performance. (Article 466 of the Civil Act)
· For example, a debtor who had borrowed KRW 5,000,000, with the consent of the creditor, may give the creditor a diamond ring in substitution for the debt.
Requirements for Accord and Satisfaction
- There has to be an agreement between the parties as to the accord and satisfaction.
- There shall be a debt in existence.
- There has to be an agreement between the parties as to whether the performance is in substitution for the one originally intended.
· The value of the substitute may not necessarily be the same as that of the one originally intended.
· Accordingly, the debtor who owes KRW 5,000,000 may agree with the creditor to give a diamond ring worth KRW 4,000,000 as an accord and satisfaction.
- An act of performance as an accord and satisfaction shall actually be done by the debtor.
Effect of Accord and Satisfaction
- If an act of performance as an accord and satisfaction was done by the debtor, such act shall have the same effect as making repayment. (Article 466 of the Civil Act)
- Therefore, the debt obligation shall extinguish therefrom.