1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant, with the trade name of “C points”, operated the wholesale and retail business of the new category, and D operated the wholesale and retail business of the new category with the trade name “E,” and D had discounted the number of units and promissory notes issued by the Defendant from January 2010 at the Defendant’s request.

B. At the Defendant’s request, D received (i) the Defendant’s issuance date: (i) September 20, 2013; (ii) the face value 15,00,000 won; (iii) the check number c. 30,000,000 won; (iv) the check number G; (iv) the check number c. August 5, 2013; (iii) the date of issuance; (iv) the payment of the check c. 20,000,000 won; (v) the due date; and (v) the Promissory Notes number H (hereinafter referred to as “the Promissory Notes”) issued by the Defendant; and (v) the Defendant obtained a discount from May 15, 2013 to August 20, 2015; and (v) the Defendant presented the Promissory Notes with a total of KRW 7,80,000,000; and (v) the check was lawfully presented within the period of payment.

C. On December 11, 2015, D transferred to the Plaintiff the claim amounting to KRW 65,000,000 in total of the instant checks and bills, and notified the Defendant thereof.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, 7, 9, Eul evidence Nos. 2 through 4 (including branch numbers), witness D's testimony, the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the Plaintiff was awarded a discount on the instant check and the bill, but the check and the bill were rejected due to non-transaction, and the Defendant, the drawer, obtained profits equivalent to the face value due to non-payment of the instant check and the bill, and thus, the Defendant is obliged to pay the Plaintiff the refund of profits equivalent to the face value and the damages for delay pursuant to Article 79 of the Bill Act.

(b) Determination on the check, the right to claim reimbursement of benefit of the check has expired due to the defect in the procedure, or the extinctive prescription has expired due to the defect in the check by the holder, the drawer and endorser.