어음,수표의 사고신고 담보금에 대한 법률문제 = Legal issues on accident notice deposit of note and check

다국어 초록 (Multilingual Abstract)

When paying bank receives accident notice by reason of loss, robbery, fraud and nonfulfillment of contract about note from its drawer, it receives `accident notification and request of suspension of payment` with `contract for disposal of accident notice deposit` and temporary deposits. Precedents of Supreme Court and common view consider that on the period referred to in subparagraph 2. Ra of paragraph 1 of article 95 of bylaws and paragraph 5 of article 3 of agreement, it is a kind of reserve period that parties intend to reserve the right to terminate their agreement. However, in payment of accident notice deposit, those who meet terms of payment on bylaws and agreement are treated equally. Therefore, regulations of bylaws and agreement are conditional regulations for reverting accident notice deposit to note drawer like other regulations. Since these regulations are conditions only for accomplishing the terms of conditional right to pay, right of note holder cannot be protected infinitely beyond the range of interpretation of these regulations based on the extended interpretation of accident notice deposit. In particular, precedents of Supreme Court and common view considered on the interpretation of the bylaws and agreement that although note drawer had the right to claim surrender of deposit, it gave priority to the right of note holder when he or she claimed payment of the deposit later while it was not surrendered. But its basis was not clearly explained. The decision that for this period, right of claim for the deposit shall be reverted to both note holder and drawer and paying bank shall be exempted from obligation when it pays the deposit to the party who exercised the right first is unjust. A new interpretation of it is appeared that to revert the deposit to note drawer definitely, expression of intention to cancel the agreement for the third party other than accomplishment of conditions on bylaws and agreement is needed. And the precedents of Supreme Court accepted it lately. However, such an interpretation is beyond the range of words prescribed in bylaws and agreement and is against the intention of parties related. Also it is against the principle of creditor equality. Accordingly, when note holder shall not meet the conditions of submitting the written evidence of case pending in court before six months from the date of payment, the deposit shall be reverted to note drawer according to the words of agreement. Creditors of note drawer and note holder can receive seizure and assignment order of the deposit, but the effects of seizure and assignment order shall be decided depending on whether status of note drawer and note holder is decided finally.