1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Determination on the cause of the claim

A. Fact finding may be recognized as follows, either there is no dispute between the parties, or as a whole, by taking account of the respective descriptions of evidence A(1) to 4 and the whole purport of the pleadings.

1) The Defendant, around October 2017, three copies of each household check (the check number D or E; hereinafter referred to as “the check of this case”) at the Government of the Office of Government of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the Republic of Korea

Corporation F (hereinafter referred to as “F”) by issuing Company F

(2) The Plaintiff acquired the instant check from F around October 27, 2017.

3) On January 15, 2018, the Plaintiff presented the instant check to C’s Government Branch, but the said bank refused payment on the ground that the Defendant reported the suspension of payment of the instant check on December 24, 2017. However, according to the above facts of recognition, the Defendant, as the issuer of the instant check, is obliged to pay the Plaintiff the amount of KRW 9 million at the face value of the instant check (=3 million won 】 three copies and delay damages therefrom, barring any special circumstance.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion and F, around July 2017, the Defendant and F agreed that if the Defendant advance payment to F, F would supply the original amount equivalent to the payment later. The instant check constitutes part of the original amount that the Defendant advance payment to F in accordance with the agreement.

However, since October 24, 2017, F did not supply part of the original part to the Defendant from around October 24, 2017, F did not supply the original part to the Defendant at all until November 2017, and the Defendant reported the suspension of payment on the instant check on December 24, 2017.

Accordingly, the check of this case has not existed the F's original claim, which is the underlying claim. Nevertheless, the Plaintiff acquired the check of this case with the knowledge of these circumstances, and thus, the Check Act.