A. On March 21, 2012, the Plaintiff entered into a business takeover agreement and issuance of cashier’s checks between the Plaintiff and the Defendant B (hereinafter “instant contract”) with the Plaintiff, who was represented by B on March 21, 2012, takes over the Plaintiff’s business rights and all of the house fixtures from Daejeon Jung-gu and the fourth floor “E” from the Plaintiff at KRW 313,00,000 (hereinafter “instant contract”).

(2) On March 30, 2012, the Plaintiff issued to B a cashier’s check (hereinafter “instant check”) on March 30, 2012, indicated on the face value of KRW 160,000,000 in lieu of paying the balance of KRW 160,000,000,000 in the instant contract.

B. On April 12, 2012, B presented the instant check at the Defendant’s new town business store located in Seongbuk-gu Seoul, Seongbuk-gu, but was refused to pay the check.

C. As a result, the Plaintiff filed a lawsuit against B on the claim for delivery of the check, etc. with the Daejeon District Court Decision 2013Gahap9646, the said court accepted the Plaintiff’s assertion that the instant contract was revoked on the ground of fraud (e.g., the agent of B, on January 15, 2014, and rendered a judgment that “B shall deliver the instant check to the Plaintiff with the obligation to return unjust enrichment due to the cancellation of the instant contract, and “B shall deliver the instant check to the Plaintiff with the obligation to return unjust enrichment due to the termination of the said right on the check, and shall express its intent to transfer the Plaintiff the right to claim reimbursement of benefit against the Defendant, and shall notify the Plaintiff that B transferred the right to claim reimbursement of benefit to the Plaintiff (hereinafter “instant judgment”).

Therefore, while the Daejeon High Court was appealed by the Daejeon High Court No. 2014Na862, the above court rendered a judgment dismissing B’s appeal on October 15, 2014, and the related judgment of this case became final and conclusive on November 4, 2014.

The defendant paid the money to the plaintiff, the plaintiff is entitled to the right of the plaintiff on the check of this case from B.