1. On August 28, 2017, with respect to a case of application for public summons 2017 Chicago16, this Court shall issue a check listed in the separate sheet.

1. Basic facts

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

B. On April 19, 2017, the Defendant filed an application for a public summons on the ground of the loss of the instant check by the Busan District Court Branch Branch of the Busan District Court Decision 2017KaGong16, and was sentenced to a nullification judgment that declared the invalidity of the instant check by the said court on August 28, 2017 (hereinafter “instant nullification judgment”).

【Reasons for Recognition】 The descriptions of evidence Nos. 2, 5, and 6, and the purport of the whole pleadings

2. Determination on this safety defense

A. A lawsuit against the Defendant’s assertion of a nullification judgment shall be instituted within one month from the date on which the Plaintiff becomes aware of the existence of a nullification judgment. Since the Plaintiff filed a lawsuit against the nullification judgment of this case after one month from the date on which he/she became aware of such grounds, the lawsuit of this case is unlawful as it exceeds the period for filing the lawsuit.

B. The facts that the judgment of this case was rendered on August 28, 2017 are as seen earlier, and even if the Plaintiff was aware of the existence of the judgment of this case on the same day, it is apparent in the record that the instant lawsuit was filed on September 28, 2017, for which one month has not passed since the Defendant’s principal safety defense is without merit.

3. In full view of the above evidence and the purport of the entire pleadings as to the merits, the defendant was missing or stolen while holding the checks of this case, and the defendant was aware that the holder of the checks of this case was the plaintiff at the time when the above application for public summons was made. Nevertheless, the defendant filed a report on the loss for preventing the plaintiff from being commercialized the checks of this case, and filed a request for public summons for this reason and recognized the facts that the judgment of nullification of this case was issued.

According to the above facts, the defendant, while holding the check of this case, lost it, or was unaware of the holder of the check of this case, is the court of public summons.