1. The defendant shall pay 100,000,000 won to the plaintiff and 12% per annum from December 20, 2019 to the day of full payment.

1. Basic facts

A. The Plaintiff entered into a contract with C (hereinafter “C”). From June 1, 2019 to November 26, 2019, the Plaintiff supplied Gohap, etc. to the Plaintiff on November 26, 2019, and on November 26, 2019, on November 26, 2019, attached one copy of the check number per unit (hereinafter “the check in this case”). The Plaintiff endorsed and delivered to the Plaintiff one copy of the check number per unit (hereinafter “the check in this case”).

B. The instant check became final and possessed by the Plaintiff following each endorsement by the Defendant, H, and C.

C. On November 26, 2019, the Plaintiff presented the instant check to EF branch Co., Ltd., the payer, but refused payment due to non-transaction.

[Judgment of the court below] The ground for recognition is without merit, Gap 1 and 2, and the purport of the whole pleadings.

2. According to the above facts, the Defendant, as an endorser of the instant check, is obligated to pay KRW 100,000,000, the amount of the check of this case, which was refused to pay to the Plaintiff, and its delay damages

On September 6, 2019, when the check of this case is discounted between C and C, the Defendant received a discount on the check of this case and lent it to the Defendant, and if the check of this case is not discounted, the Defendant agreed to return it to C and issued the check of this case to C. However, C had distributed it at will even without the discount, so the Defendant did not have the obligation to refund the amount of the face value of the check of this case to the Plaintiff.

However, barring any assertion and proof as to the fact that the Plaintiff acquired the check of this case with the knowledge that it would prejudice the Defendant, the Defendant cannot set up against the Plaintiff, the holder, pursuant to Article 22 of the Check Act, as a defense arising from personal relations with C.

Therefore, the defendant's above assertion is without merit.

Therefore, the defendant is liable to pay 100 million won to the plaintiff due to the refusal of payment of the check of this case.