A. On March 22, 2018, the Defendant issued a check to B (hereinafter “the check of this case”) one cashier’s check number A (hereinafter “the check of this case”) at the face value of 49 million won and Busan and check number A (hereinafter “the check of this case”).

B. On March 23, 2018, C acquired the check of this case through B, and requested D employees of the Plaintiff’s Suwon Branch on the same day at around 12:20 of the same day.

The plaintiff (D) confirmed the existence of an accident on the check of this case to E by the employee E of the defendant (Bandong Credit Union) and heard the answer that there is no excessive amount, and after receiving the check, deposited the equivalent amount of the face value in the deposit account designated by C, and requested exchange and settlement of the check through a clearing house, the plaintiff (D) presented a payment proposal to the defendant.

C. On March 23, 2018, the F reported that “the instant checks were lost” by phone call to the Defendant on March 23, 2018, and submitted a report to the effect that “the instant checks were stolen” around 10:15, March 26, 2018.

On March 26, 2018, the nullification judgment F applied for a public summons on the instant check to this Court (2018KaGong14), and C reported each right on April 9, 2018, and the Plaintiff reported each right on May 17, 2018. Accordingly, the said court rendered a nullification judgment that declared “C and the Plaintiff’s withholding of the right reported and the invalidity of the instant check” on August 27, 2018.

(hereinafter referred to as “instant nullification judgment”). [The grounds for recognition: the absence of dispute; the entries in Gap evidence 1, 2, Eul evidence 2 (including paper numbers); and the whole purport of pleadings]

2. The assertion and judgment

A. (1) The bank that received deposits by means of a cashier's check shall be deemed not to have been delegated to collect the cashier's check from the depositor but to have been transferred the cashier's check. Thus, the bank that received deposits shall be the bearer of the bank on the check.