백지어음의 소멸시효중단에 대한 소고: - 대법원 2010.5.20. 선고, 2009다48321 판결에 대한 평석을 중심으로 -

An inchoate instrument is an incomplete negotiable instrument that its drawer or maker signed, but is otherwise necessary for the instrument to be, on its face, a complete instrument. The person to whom it is delivered has the authority to complete it in any way he or she considers fit. Generally speaking, the statute of limitations on debt is 10 years under the Korean Civil Code and it is tolled under certain events or circumstances, for example, a request, a garnishment, and an injunction. Even if the statute of limitations for a negotiable instrument is shorter, the tolling rule of the Korean Civil Code applies to it as well. As to the request, the Korean Supreme Court has ruled that the judicial review request by a creditor of an inchoate instrument is one of the events of tolling the statute of limitations. However, the court has denied that the non-judicial review request is one reason for tolling the statute of limitations because presenting the inchoate instrument is not valid for payment. Recently, however, the Korean Supreme Court Decision 2009DA48321 noted that the statute of limitations is tolled by requesting with the inchoate instrument. This article analyzes this decision by reviewing relevant legal theories and cases.