1. The plaintiff's claim is dismissed.

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

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence of 1 to 5, Eul evidence of 1, 4 to 9 (including branch numbers), and evidence of 1 to 5.

On May 29, 2014, the Plaintiff, who operates a trade company B, requested the Defendant Bank to collect foreign currency checks (hereinafter “the instant checks”), which is the Bank of Lynab Canada (RYALKODA) in the face value of Canadian 59,250.00 dollars paid from a foreign importer, and the payment bank of Lynab Canada (RYADA) in the foreign currency checks (hereinafter “instant checks”).

B. Accordingly, the Defendant bank collected the instant check from the said payment bank, and paid the said check money to the Plaintiff on June 19, 2014.

C. After that, the Plaintiff exported to the said importer one of the mid-to-mid 100 U.S. dollars 45,000.

However, on September 11, 2014, the said payment bank deposited the amount equivalent to the said amount from the Defendant bank’s account on the grounds that the face value, issue date, and the addressee of the instant check were forged.

E. On October 16, 2014, the Defendant Bank notified the Plaintiff of the claim for payment of the check money and the amount equivalent to delay damages and the scheduled set-off. On October 27, 2014, the Defendant Bank offseted the Plaintiff’s claim for payment of the check money and the amount equivalent to delay damages against the Plaintiff’s foreign currency deposit claims against the Defendant Bank by using the claim of USD 59,250.00 in the check money and USD 391.70 in the amount of delay damages up to the time as the automatic claim.

2. The plaintiff's assertion and judgment

A. During the collection process of the instant check, the Defendant Bank notified the Plaintiff of the possibility of ex post return of the check, and rather, notified the Plaintiff that there was no problem in the instant check. The Plaintiff exported the vehicle with trust.

Nevertheless, the Defendant bank is bound to conclude that the instant check was forged after the payment of the instant check.