어음할인의 기능과 법리 - 대상판결 : 대법원 2008. 1. 18. 선고 2005다10814 판결 -

Abstract

Generally there are two types of method to financing by using promissory notes in Korea. First, A commercial bill discount is an act by which the legal holder of a commercial bill (including banker's acceptance draft and commercial acceptance draft) transfers it to a transferee to acquire cash before its maturity date. Second, A loan on bill is a loan in exchange to a bond of debt or promissory to secure its amount of loan. A bill discount takes a great share of banks' income and bank's loan business. On the other hand applicant and bill-issuer have an opportunity to take cash before its mature. This Article deals with the legal principles of bill discount transaction in Korea. In specific cases, whether bill discount falls under the category loan consumption or sales of bill is so important that it could lead to a change of result in specific cases. This article examines the fundamental function and roles of a commercial bill discount transaction by reviewing the case rendered on Jan. 18, 2008 in Korean Supreme Court (Korean Supreme Court 2008. 1. 18, 2005da10814). To review the meaning of Commercial bill discount transaction("CBDT") in Korean judicial system, this article is organized in four parts. Part Ⅰ provides the importance of the CBDT and overview the general legal issues which will be raised in next sections. Part Ⅱ described the general description of the above Case. Part Ⅲ examines the functions and roles of the commercial bill discount transactions in the meaning of Korean laws, especially whether CBDT are loan for consumption or simple sales of bill within the meaning of Korean Civil Act. Part Ⅳ provides the comprehensive analysis to the case and the direction for the prospective of the CBDT in Korea.