(a) Criteria for determining whether there is gross negligence in acquiring bills or checks;

B. The case reversing the judgment of the court below on the ground that there was an error of incomplete deliberation as to the nature of the bill in determining whether there was gross negligence in acquiring the bill

(a)in the case of acquiring a bill or check, in the light of the ordinary transaction standards, if the transferor or its holder takes over the check in a timely manner without making any reasonable investigation to doubt the transferor’s substantial non-rights, even though the check itself is in a situation, it should be deemed that there is gross negligence;

B. The case reversing the judgment of the court below on the ground that there was an error of incomplete deliberation as to the nature of the bill in determining whether there was gross negligence in acquiring the bill

Article 16(2) of the Bills of Exchange and Promissory Notes Act; Article 187 of the Civil Procedure Act

[Defendant-Appellant] Kim Jong-chul, Counsel for defendant-appellant

Thee Investment Finance Stock Co., Ltd.

Gyeongsung Co., Ltd., Counsel for the defendant-appellant, Lee Jong-su, Counsel for defendant-appellant

Seoul Civil District Court Decision 84Na2960 delivered on August 13, 1986

The judgment of the court below is reversed, and the case is remanded to the Panel Division of the Seoul Civil Procedure District Court.

The Defendant’s Intervenor’s Intervenor’s ground of appeal is examined.

The case holding that the court below's issuance of a non-party 1 bill is a kind of bill with the same nature as the bill of this case and it is true that the non-party 2 company will exchange it in cash even before maturity without refusing to do so, and therefore, the non-party 1 company's endorsement and transfer to a third party, or discount to another financial institution (in particular, with a higher interest rate than the issuing company), although the non-party 1 company's issuance of the bill of this case's bill of this case's discount to the non-party 6 company's issuance of the bill of this case's bill of this case's discount to the non-party 5 company's issuance of the bill of this case's bill of this case's discount to the non-party 1 company's issuance of the bill of this case's bill of this case's discount to the non-party 4 company's issuance of the bill of this case's bill of this case's discount to the non-party 6 company's issuance of the bill of this case's bill of this case's discount to the non-party 1 company's issuance.

However, in the acquisition of a bill or check, the court below should have determined that there are reasonable circumstances to doubt the transferor's substantial rights without using the bill or check itself. Since the plaintiff is engaged in the transaction of a bill or check and discount business as a credit safe, more careful measures should be taken in the transaction of a bill or discount acquisition compared to ordinary people. Thus, it is difficult for the court below to find that there is a high interest rate in the mutual savings and finance company, etc. for the purpose of refunding a bill or note issued by the same subsidiary as the defendant company, and it is hard to find that the transfer of a bill or a promissory note is the main business of the financial business, and it is hard to find that the plaintiff company's act of acquiring a bill or a promissory note is not the same as a general one of the promissorysory notes, and it is hard to find that there is a serious doubt that the bill or note was delivered by the non-party company as its principal business, and if so, it should have been done with the non-party company's right to receive the bill or a bill or a bill without discount as stated in light of the legal nature of the above bill or bill.

Therefore, the judgment of the court below is reversed, and the case is remanded to the Panel Division of the Seoul Civil Procedure District Court. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Jae-young (Presiding Justice)