1. The defendant shall pay 46,00,000 won to the plaintiff and 15% per annum from February 9, 2019 to the day of complete payment.

1. Basic facts

A. The Defendant issued 46 pages of the cashier’s checks whose face value is KRW 1,00,000, the date of issuance on November 18, 2018, the place of issuance Kimpo-si, the check number is “D” or “E” (hereinafter “each of the instant checks”).

B. Each of the instant checks is owned by the Plaintiff.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. Summary of the parties' arguments

A. The Defendant, the drawer of each of the checks of this case, had seen the benefit equivalent to the face value, which is the funds for the issuance, as the rights on the checks were extinguished due to the lapse of the payment presentation period. Therefore, the Plaintiff, holding the right to claim reimbursement of the benefit pertaining to each of the checks of this case, is obligated to pay the Plaintiff the amount equivalent to the face value, which is equivalent to the face value, and the delay damages.

B. The Defendant’s assertion that each of the instant checks was received by the client F on January 15, 2019 from the Plaintiff on the ground that it was lost on January 15, 2019, and refused to pay the amount of the check.

3. Determination

A. (1) In a case where a holder claims reimbursement of benefit to the drawer on the ground that the right arising out of a check has ceased to exist due to a defect in the procedure, that holder shall be presumed to have duly acquired the check without asking whether the acquisition date of the check was prior to or subsequent to the payment period (see Supreme Court Decision 62Da408, Sept. 20, 1962). In addition, a bank or other financial institution’s possession of a cashier’s check issued by a bank or other financial institution over the payment period without taking any preservation procedure under the Check Act and transfers the check upon the lapse of the payment period, as well as the right to receive the amount of the check and the right to claim reimbursement of benefit arising out of the extinction of the right on the check, to the issuer, etc. who gains benefit therefrom at the same time.