2004년도 어음？手票에 관한 大法院判例의 動向과 分析

Abstract

This article examines and analyzes the Korean Supreme Court Decisions of the 2004 about Bill of Exchange, Note and Checks. It investigates three cases. The First Case is the problem about that when is the starting point of reckoning of the extinctive prescription which the claim for payment will be extinguished so far as the demanded note is concern. The clause 70 at Bill of Exchange and Note Act in Korea, provides that the period of extinctive prescription on the drawer is three years from the maturity. But a drawer at this case issued a demanded note on a drawee for the security of the indefinite claim. Therefore the starting point at this case must be applied the clause 166 in Civil Law, and it is the time that the holder can exercise his right. The second case is the problem about the self-transaction between corporation and director in regard to the drawing and delivering of the note. The clause 398 at Commercial Code in Korea provides that director should obtain a approval from a board of directors about the self-transaction. That clause have to apply in this case. The third case is the problem about the reversion of the security money for accident notification that be deposited in a depositing bank at the time that a court sentences the starting decision for the liquidation progress against the corporation which is a drawer. But the decision by the court have no relationship with the security money, because the holder in due course is the first person who has the right against the security money. Therefore the depositing bank must supply the holder in due course with the money if he demands for payment against the bank.