1. The plaintiff's claim that was changed in exchange before the remand is dismissed.

2. The Plaintiff’s total costs of litigation.

1. Basic facts

A. On August 2002, the Defendant engaged in automobile maintenance business was discounted to KRW 15 million by the Plaintiff at the face value of KRW 20 million ( check number: J. hereinafter “instant check number”).

B. Since then, the Defendant was discounted by two of six pages of the six pages of the family check issued by the Defendant at each face value of five million won by the Defendant, respectively, from the Western Capital Co., Ltd. (hereinafter “Saman Capital”), a company which is the discount of the Plaintiff via the Plaintiff (hereinafter “the family check of this case”).

C. I is keeping four of the above household checks issued by the Defendant in exchange for the instant party’s shares table. The Plaintiff’s name was forged and endorsed, and then was discounted from the Saman Capital.

After that, the number of units and household checks of this case were rejected due to the payment of I and the defendant's default. Meanwhile, the plaintiff paid each of the above checks in the process of discount of other bills from the Seog Capital, and recovered all of the provisional coefficient marks of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Defendant and I received a discount on the instant provisional coefficient scheme from a post office, which is a discount of a bill, and where the right on a check is extinguished due to a defect in the procedure or extinctive prescription, a claim for reimbursement of benefit under the Check Act occurs. At the time when the Plaintiff withdraws the provisional coefficient scheme, the Plaintiff already extinguished the right on a check due to the expiration of extinctive prescription, thereby acquiring the right to claim reimbursement of benefit against the Defendant, who is the drawer, and the Plaintiff acquired the right to claim reimbursement of benefit against the Defendant, who is the holder of the check. The Plaintiff taken over the right to claim reimbursement of benefit against the Defendant, while withdrawing the provisional coefficient scheme from the Post office.

B. In this regard, the Plaintiff recognized the Defendant’s obligations based on the instant political party shares and household checks.