In the event that the check is refused to pay by presenting it at the latest, whether the bank is responsible for the collection of the check.

A bank that is delegated with collection of a check without any particular condition shall, as long as the check was presented for payment within the period for presentment of payment, perform the delegated affairs in accordance with the terms and conditions of the check as a mandatory, and as long as the check was presented for payment within the period for presentation of payment, it could have been received if it had been presented earlier during the period for presentation of payment, but was later presented for payment. Therefore, even if the issuer’s financial standing has deteriorated and refused to pay due to shortage of deposits, it cannot be said that the bank that was delegated with collection was presented within the period for presentation of payment, barring special circumstances, such as where the bank could have predicted or predicted the shortage of deposits due to the aggravation of the above financial standing, is responsible for neglecting the fiduciary duty as a mandatory.

Article 681 of the Civil Act

[Defendant-Appellee] Plaintiff 1 et al., Counsel for defendant-appellee-appellee-appellant-appellee-appellant-appellee-appellant

[Defendant-Appellee] Defendant 1 et al., Counsel for defendant-appellee-appellee-appellant

Seoul High Court Decision 84Na1749 delivered on November 13, 1984

The judgment below is reversed and the case is remanded to Seoul High Court.

The defendant's attorney's ground of appeal is examined as one of the grounds for appeal.

1. According to the reasoning of the judgment below, the court below determined that the defendant's duty of care on October 19, 1983 to request the defendant to collect the above 10,00,000 won at the face value (A) issued by the non-party on October 19, 1983, 1983, 23, 10,000 won at the place of payment, 10,000 won at the place of payment, 10,000 won at the place of payment, and 10,000 won at the above 19,000 won at the place of payment, 30,000 won at the 19,000,000 won at the 19,000,000 won at the above 13,000,000 won at the 18,000,0000,000 won at the 19,013,000,000.

2. However, if the holder of a check delegates the collection of the check on the date of presentment and did not attach any condition in addition to prohibiting the presentation of payment prior to the date of publication, the bank so delegated shall be deemed to have dealt with the delegated affairs in accordance with the terms and conditions of the check as the mandatary, insofar as the check was presented for payment within the time limit for presentment of payment.

In this case, even if the Defendant bank, which received the delegation of collection, could have predicted or predicted the shortage of deposit due to the aggravation of the financial standing of the issuer, and later, had been able to receive payment if it had been presented earlier during the period of the presentation for payment, and thus, the issuer’s financial standing has deteriorated, and thus, the Defendant bank, which received the delegation of collection, was able to anticipate or anticipate the shortage of deposit due to the aggravation of the financial standing above, cannot be deemed to have been able to have neglected to exercise due care as a mandatory, unless there are special circumstances, such as the delayed presentation, etc.

Ultimately, the above judgment below erred in the misapprehension of legal principles as to the duty of care of a good manager borne by a mandatary in collecting a check, and thus, it constitutes a serious violation of law, which is the reason for reversal under Article 12(2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

3. Therefore, without examining other grounds of appeal, we reverse the part of the judgment below against the defendant and remand the case to the court below. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Il-young (Presiding Justice)