기존채무의 이행과 관련된 어음․수표의 수수 - 대법원 2010. 12. 23. 선고 2010다44019 판결을 중심으로 -

If the parties stipulated to commercial paper․checks issued with respect to the implementation of existing debt, the parties might dispose of the relationship between existing debt and bills and cheques in accordance with special agreement. But, If the parties did not stipulate to commercial paper․checks paid, our current laws does not have direct legislation for interpret the parties' intention and if the parties did not ‘a special circumstances’ or ‘a special intention’, the existing position of our supreme court has been interpreted as to be paid as ‘for payment’ or ‘in order to guarantee the payment’ and so, they has been recognized as debt is the amount of side-by-side. But, Supreme Court ruled that commercial paper․checks issued with respect to the implementation of existing debt will be paid for ‘in lieu of payments’. This has meant in that of the first decision to be determined by ‘in lieu of payments’. Above all, This is a decision that has significant in that although the appellate overlooked the facts, Supreme Court has presented four proper basis as ‘a special circumstances’ for judgments of examine in detail and to clarified entity relationship based on the interpretation of intention of the parties can be estimated through the overall agreement.