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(영문) 대법원 1987. 5. 26. 선고 86다카1559 판결
[수표금][집35(2)민,66;공1987.7.15.(804),1056]
Main Issues

(a) Method of transferring a check to bearer;

(b) Payment obligations of banks issuing cashier's checks;

(c) Measures against banks where deposited checks are defaulted;

Summary of Judgment

(a) If a check deposited in the bank’s own general deposit account is a bearer meal check, the bank due to its delivery shall constitute a deposit contract between the depositors and the bank that received the rights on the check;

B. As for the withdrawal of a deposit, the bank shall be deemed to have a duty to comply with a claim for payment at any time since the same person is qualified as the drawer and the drawee, and the person is not merely entrusted with payment, and is not obligated to comply with the claim for payment at any time, in the event that the bank has issued the check of bearer with its own name as the drawee, the bank shall be deemed to have a duty to comply with the request for payment at any time with the requirement that the holder shall exercise his right of recourse.

(c) In the event that a bank fails to pay any check which it has received if any, it may immediately return the check to the debtor as a holder of the right on the check, whether or not it claims for reimbursement, and claim for money on behalf of the depositors.

[Reference Provisions]

(a) Article 20(b) of the Check Act;

Reference Cases

A. Supreme Court Decision 65Da2505 delivered on February 22, 1966, 66Da1738 delivered on July 11, 1967. Supreme Court Decision 64Da464 delivered on September 8, 1964. Supreme Court Decision 66Da1738 delivered on July 11, 1967

Plaintiff-Appellant

[Judgment of the court below]

Defendant-Appellee

National Agricultural Cooperative Federation (Attorney Lee Chang-chul, Counsel for defendant-appellant)

original decision

Seoul Central District Court Decision 85Na3311 delivered on June 13, 1986

Text

The original judgment shall be reversed, and the case shall be remanded to the Panel Division of the Seoul Civil Procedure District Court.

Reasons

As to the Grounds of Appeal:

According to the reasoning of the judgment of the court below, since the plaintiff's wife and non-party 1, who had the deposit account in the non-party 1 branch of the defendant association, were able to issue the above non-party 1's deposit account on May 10, 1985, the court below decided that the non-party 1's bank account was non-party 1's non-party 1's bank account book issued at the same time and 10,000,000 won, and that the non-party 1's bank's deposit account was non-party 1's bank account issued at the same time and the non-party 1's bank's deposit account was non-party 1's bank's non-party 1's bank account was non-party 1's non-party 1's non-party 1's bank account was non-party 1's non-party 1's bank account was non-party 1's non-party 1's bank account which was non-party 1's bank account.

However, the court below rejected Gap's non-party 1's Nos. 1 and 2's 5 to 7. The above non-party 1's 1's 6-2's 1's 6-2's 1's 6-2's 1's 6-2's 1's 1's 6-2's 1's 10,000 ''''' or 6-1'''''''''''''''s 5-2''s 9's 6-4's 9's 6-1's 6-2's 9's 6-2's 9's 6-2's 9's 6-1's 6-2's 9's 6-1's 6-2's 9's 6-2's 6-1's 6-2's 9's 6-2's 1'6-6-2's 9's 9's 1'6-6-4'''''''''''''''''.

In this regard, the original judgment is reversed, and the case is remanded to the Panel Division of the Seoul Civil Procedure District Court, which is the original judgment, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Il-young (Presiding Justice)

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