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In the case of a request for public summons No. 2019 Chicago179, this Court shall apply to each of the deeds listed in the separate sheet on April 8, 2020.
Reasons
1. Facts of recognition;
A. On August 1, 2019, the Defendant received a loan of KRW 40 million from E as collateral for the Seoul Special Metropolitan City, Nowon-gu apartment, and D in the name of the Defendant and transferred the loan to the Defendant’s F Bank account (Account Number: G).
On August 2, 2019, the following day, issued 10 million won check, including each instrument listed in the separate sheet (hereinafter referred to as “the instant check”) and attached 10 million won check, and sent the check to H.
B. After December 19, 2019, the Defendant heard from I that H lost the check, and reported the loss of the check to the police station. As a result of the Bank’s inquiry into the check, the Bank confirmed that the check of this case was not used. On December 24, 2019, the Seoul Northern District Court issued a request to seek a public summons and nullification judgment on the check of this case as Seoul Northern District Court 2019KaNo179.
On April 8, 2020, the above court rendered a judgment of nullification on the instant checks (hereinafter “instant judgment”) after the public summons.
[Ground of recognition] Evidence No. 1, Evidence No. 2-1, Evidence No. 2-2, Evidence No. 3-1, 2-2, and the purport of the whole pleadings
2. Determination as to the cause of action
A. The procedure of a public summons is a system under which the holder of a securities would not exercise his/her right as a matter of course due to the loss of the securities even though he/she could have exercised his/her right by the securities if he/she had not lost the securities, and it would be able to exercise his/her right by a nullification judgment in cases where there is no person who has reported or claimed his/her right within the prescribed period by the public summons applied to the court. Therefore, the requirement is that the final holder entitled to exercise his/her right by the securities was stolen, lost, or destroyed the securities if he
That is, if the check was not lost, the check shall be payable.