A. The Plaintiff entered into a business takeover agreement and issuance of cashier’s checks between the Plaintiff and B (1) on March 21, 2012, the Plaintiff acquired the Plaintiff’s business rights and all of the house fixtures from Daejeon-gu D and D, and D, and D, and D, and D, and D, and D, from Daejeon-gu, in total amount of KRW 313,00,000 (hereinafter “instant business takeover agreement”).

(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 for the transfer of business.

B. B filed a lawsuit claiming reimbursement of benefit reimbursement against the Defendant and the result thereof 1) B filed a lawsuit against the Defendant to the effect that “the Defendant’s benefit derived from the refusal of payment of the check of this case and the damages for delay thereof,” with the Seoul Central District Court 2012Gahap5212 on July 13, 2012 (hereinafter “B”) (hereinafter “the lawsuit brought by the Defendant”).

On July 23, 2012, the warden reached the Defendant on July 23, 2012. (2) On the other hand, the ruling of recommending reconciliation was finalized on April 11, 2014, with the content that B withdraws of the lawsuit claiming reimbursement of prior benefit while the lawsuit is pending.

C. The Plaintiff filed a lawsuit against B, such as the Plaintiff’s transfer of the check, and the result thereof 1) the Plaintiff filed a lawsuit against B, as the Daejeon District Court 2013Gahap9646, and the said court revoked the contract for the transfer of the check of this case on January 15, 2014 on the ground of the Plaintiff’s fraud (the agent of B), and thus, revoked the contract for the transfer of the check of this case on January 15, 2014, and thus, the Plaintiff’s right to claim reimbursement of benefits relating to the delivery of the check of this case

All of the plaintiff's arguments seeking transfer are accepted, and as at the time when the rights on the check in this case were extinguished, B had the right to claim reimbursement of benefit against the defendant as a legitimate holder.