1. On May 28, 2018 and September 10, 2018, in the case of a request for public summons by this Court 2017Kano630, the list in the annexed sheet.

1. Basic facts

A. The Plaintiff is currently a holder of the checks listed in the attached sheet (hereinafter “instant checks”).

B. In the case of a request for a public summons on the ground of the loss of the instant checks, the Defendant was sentenced to each judgment of nullification as indicated in the text (hereinafter “instant judgment”).

【Ground for recognition】 There is no dispute

2. The defendant asserts that the judgment of the cause of the claim belongs to the multi-level fraud Co., Ltd., which is a multi-level fraud, and the check in this case was delivered to the above company as the purchase price for game machine, and that the subsequent application for the public summons was known to the fact that

The check of this case is not lost, but because it is due to its existence, but if, on the other hand, a judgment was rendered by applying for a public summons as if it was lost while delivering it to another person based on its own will, this constitutes “when a judgment of nullification was obtained by false or unlawful means” and thus, it should be revoked pursuant to Article 490(2)7 of the Civil Procedure Act and dismissed the Defendant’s application for a judgment of nullification.

3. The defendant's defense that the above fraud organization could not respond to the plaintiff's claim because it concealed criminal proceeds obtained by the victims. However, even if it is not a legitimate right holder or a substantive right holder, the holder of the check can file a lawsuit against the judgment of nullification as an interested person. Thus, the defendant's argument cannot be accepted.

4. Conclusion is decided as per Disposition.