2011년도 어음･수표에 관한 대법원판례의 동향과 분석 - ‘지급에 갈음한’ 어음수수를 중심으로 -

Abstract

This article examines and analyzes the Korean Supreme Court Judgements in 2011 about bill of exchange, note and checks. Especially it focuses on the transfer of a note "in complete satisfaction". In general opinion, the intention that the parties transfer a note for the purpose of the settlement relate to their underlying transaction is fractionated three classes. The first class is the transfer "in complete satisfaction". The second is that "as a conditional payment". The third is that "for the security". In order to be recognized as the case related to the first class, the general view and the judicial precedent make a statement that it need to have the required condition as followed : the special intention or the explicit contract that taking a note discharges the underlying debt when the parties to the transaction agree to this effect. This precedent firstly deals with the transfer of a note in complete satisfaction in Korea. But I think this case has not the special intention or the explicit contract that taking a note discharges the underlying debt. Nevertheless Korean Supreme Court concludes that the transfer of a note in this case is the transfer of a note in complete satisfaction. Therefore I do not agree to this judgement.