A. The Plaintiff is a partner of the Intervenor joining the Defendant (hereinafter “ Intervenor”).

B. On November 6, 2015, the Intervenor: (a) held a cashier’s check with the face value of 23.5 million won as indicated below and met the Plaintiff at the cafeteria of the trade name “D” located in Ulsan-gu, Ulsan-gu; (b) the following cashier’s check amount: (c) the face value: 23.5 million won check number: the date of issuance on November 6, 2015: Ulsan Metropolitan City; and (d) the place of payment by the Nonghyup Bank: the new stop point.

C. On November 9, 2015, the Intervenor filed an accident report on the instant check on the ground of “defluence” and filed an application for public summons with the Ulsan District Court 2015KaNo178 on November 12, 2015.

On January 12, 2016, the Plaintiff reported a right to the pertinent public summons court. On February 24, 2016, the said court rendered a judgment of nullification by withholding the Plaintiff’s right to withhold the Plaintiff’s report and to invalidate the instant check.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. Determination

A. Determination cashier's checks on the cause of claim are presumed to have been held by the issuing bank as follows, in full view of the following: (a) the bank received the amount of the check from the issuing bank in cash or withdrawn the amount equivalent to the check amount from the client's deposit; (b) the bank deposited into the separate deposit account of the bank; and (c) if an accident is reported regardless of whether it was before or after the period of presentation; and (d) the issuing bank disposes of the funds deposited as above after the legitimate right holder was deposited through litigation, etc.; and (e) the issuing bank held profits equivalent to the face value of the check (see, e.g., Supreme Court Decision 4293Hun-Ga841, Jul. 31, 1961). In full view of Gap's entries, Eul evidence Nos. 1 and 3, Eul evidence Nos. 5 and 10 (including serial number); and (e) the witness F, testimony of G and the entire purport of pleading as a whole.

① The Plaintiff and the Intervenor have paid money from around 2009.