이득상환청구권의 예외성에 대한 검토

Abstract

There are critical opinions about courts' interpretations on the right of claim for reimbursement of benefit which is recognized to protect the note or check holder from strict application of the obligations of the note or check debtor. The commentators who hold such views claim that the right of claim for reimbursement of benefit will be useless if it is recognized only when the note or check is issued to substitute the payment for the underlying obligation. Since, however, the right should be recognized only in extremely exceptional cases when the note or check holder needs to be protected, such criticism seems unwarranted. From this point of view, theories and cases on the range of recognition for and requirements for applying the right are examined in the treatise.