1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

The court's explanation on this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The Plaintiff’s assertion and judgment claim is the legitimate holder who received each of the instant checks from M on February 5, 2014, and it was not acquired with knowledge that it would prejudice the Defendant, who is the debtor of each of the instant checks, the Defendant, who is the drawee, is liable to pay each of the instant checks to the Plaintiff. Accordingly, the Defendant asserted that the Plaintiff’s claim for the amount of checks had already expired.

The extinctive prescription shall expire if it is not exercised for six months after the expiration of the period for presentment, the bill holder, the drawer of the check, or any other debtor.

Therefore, the plaintiff filed the lawsuit in this case on December 29, 2015 after six months from February 15, 2014 (the issuing date is February 5, 2014), which was the date of presentment for payment of each of the instant checks (Article 51(1) of the Check Act), is obvious based on the facts and records seen earlier, and thus, the plaintiff's right of recourse against the defendant has expired by prescription.

Therefore, the defendant's defense of extinctive prescription is reasonable, and the plaintiff's claim on this part is without merit.

The Plaintiff asserted in the preparatory document dated November 28, 2016 that “the Plaintiff issued each of the instant checks to his/her customers, and thus, rejected each of the instant checks and recovered them on or around February 11, 2014 and rejected payment again within the payment deadline.” As such, even if the Plaintiff repaid the check money to the bearer and recovered each of the instant checks, the Plaintiff’s right of recourse against the Defendant, the drawer, is calculated by prescription from the date on which the check was recovered in accordance with Article 51(2) of the Check Act.