1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 31, 2015, the date of issuance, May 31, 2015, the Plaintiff: (a) opened one check number D; and (b) transferred KRW 61,100,000,000 from the Defendant to the Defendant’s account, deducting the said KRW 3,90,000 from the said KRW 65,00,000 on April 3, 2016, after deducting the said KRW 65,00,000 from the said KRW 65,00,000.

B. At the time when the Plaintiff received the instant check from the Defendant, the endorser column of the said check was indicated as the first endorser, E as the second endorser, and the Defendant as the third endorser respectively.

C. On April 3, 2016, the Defendant remitted KRW 45,000,00 to E out of the above KRW 61,100,000, which was remitted by the Plaintiff.

The Plaintiff subsequently endorsed himself as the fourth endorser on the instant check, and then delivered it to F.

Since then, on May 26, 2015, F, the final holder of the said check, demanded payment of the face value to G, the Plaintiff and C representative director Co., Ltd.

Accordingly, around May 2015, C paid KRW 40,000,000 to F. The Plaintiff paid the remainder of KRW 25,000,000 among them, and received a refund from F.

E. The instant check was rejected on September 21, 2015.

[Ground of Recognition] Facts without dispute, Gap's 1 to 3, Eul's 1 to 3, the witness E's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's ground of claim is No. 1-A.

After deducting a certain amount as described in paragraph (1), the Defendant lent 65,000,000 won to the Defendant after deducting a specified amount as interest.

The check of this case was received for the return of the above loan.

Therefore, the defendant is obligated to pay to the plaintiff 25,000,000 won and damages for delay, which are part of the above loans.

B. The defendant's assertion does not conclude a monetary loan contract with the plaintiff, and is discounted by the plaintiff, which is a check.