백지어음청구에 의한 시효중단과 백지보충권 - 대법원 2010.5.20. 선고 2009다48312 전원합의체판결과 관련하여 -

Abstract

A blank draft means an incomplete instrument, on which the drawer made his signature and issued without completing it with intent to give authority to complete to it's holder in future. The first issue is that bringing an action by a blank draft is applied to the suspension of prescription or not. The precedent case by the Korean Supreme Court agreed that a litigation by blank draft is applied to the suspension of prescription under the condition that a draft holder exercises the authority to fill up the blank part of the draft before the closing arguments in the trial court. The next issue is about the authority to fill up on a incomplete instrument. Generally many Korean scholars assist that the legal nature of the authority to fill up on a incomplete instrument is Gestaltungsrecht. In case of a blank draft with the maturity day, the effective period of the title of completion should be allowed to last within the prescription of a draft itself otherwisely agreed. But in case of a blank draft missing the maturity day, many theories exist about the effective period of authority to complete because the maturity day of a blank draft is unknown. The majority opinion in Korea supports that the effective period of authority to complete on the draft missing maturity day is the 3 years from the issue date of blank draft to the promissory note's issuer.