1. The defendant's appeal is dismissed.

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

3.Paragraph 1 of the text of the judgment of the court of first instance.

1. Basic facts

A. On September 17, 2015, the Defendant issued a one copy of the household check (hereinafter “instant check”) with a face value of five million won, and D/L number, and the said check was endorsed and transferred in sequence to A, Plaintiff, and Ansan Mutual Savings Banks.

B. The Plaintiff, as the final holder of the instant check, presented the check at the time and place of payment, but rejected payment on the ground of the accident report. At that time, the Plaintiff recovered the instant check from Ansan Mutual Savings Bank.

C. Meanwhile, the Plaintiff filed the instant lawsuit against C, who is an endorser of the instant check, and received a decision of performance recommendation from the court of first instance to pay the said amount of KRW 5 million in collaboration with the Defendant, and the said decision of performance recommendation was finalized on March 8, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, significant facts in this court, purport of the whole pleadings

2. According to the facts of recognition as to the cause of claim, the Defendant, the drawer of the instant check, is obligated to pay damages for delay calculated at the rate of 15% per annum from November 12, 2015 to the day of full payment after the delivery of the copy of the instant check, as claimed by the Plaintiff, in collaboration with C, and after the date of presentment for payment.

3. The defendant's argument regarding the defendant's promise to pay the above check money from E and delivered the check of this case to E for discount of check money, but without paying the check money, and then delivered the check of this case to E by deceit that the defendant wants to discount the check, and the check of this case was endorsed and transferred without permission, and the plaintiff was aware or could have known of the above situation, and the check of this case was withdrawn.