이득상환금 청구의 소
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 7, 2012, the Plaintiff issued 92,10,000 cashier’s checks of KRW 12,10,000 at the face value issued by the Defendant on September 7, 2012, and KRW 10,000 at the face value issued on September 19, 2012 (the check number D, E, F, G, H, I, J, and K) totaling 8 copies of the cashier’s checks of KRW 92,10,00 (hereinafter “each checks of this case”).
B. B filed a report on an accident on August 13, 2014 with respect to each of the instant checks on the ground of the loss thereof, and filed an application for a public summons with this court on August 20, 2014. On August 25, 2014, this court issued a public summons on the public summons on August 25, 2014, and issued a nullification judgment invalidating each of the instant checks on the same day as no person who filed a report, claim, and certificate of rights until December 8, 2014, as prescribed in the public summons.
C. B, on January 9, 2015, one month after the date of the above nullification judgment, presented to the Defendant the above nullification judgment, and received KRW 92,100,000 for the check money.
On August 22, 2014, the Plaintiff presented 8 copies of each of the instant checks on September 19, 2012 at the point where L Bank was located in the territory of L Bank, but was refused to pay due to the said accident report. On May 4, 2015, each of the instant checks was paid on September 7, 2012, after the receipt of B’s check payment, the Plaintiff presented MO Bank M Bank M Bank M Bank M Bank M Bank M Bank M Bank M Bank M Bank M Bank M Bank M Bank M Bank M Bank M Bank M&C, but the Plaintiff also refused to pay due to the said accident report.
On August 7, 2017, the Plaintiff filed a lawsuit of objection against the above nullification judgment against B, and the said judgment became final and conclusive on December 28, 2018.
[Reasons for Recognition] Unsatisfy, Entry of Evidence A, 4, 5, 6, 8, and the purport of the whole pleadings
2. The plaintiff's assertion and judgment thereon
A. The plaintiff in the primary claim lost his right to demand reimbursement on the ground that he did not present each of the instant checks to the defendant within the time limit for presentment of payment, while the defendant obtained the benefit of the amount equivalent to each of the instant checks, and thus, the plaintiff raised objection to the defendant.