The plaintiff's claim is dismissed.

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

1. On October 31, 2018, E, an employee of the Plaintiff’s basic facts, acquired a check as indicated in the attached sheet, which is the date on which the Plaintiff’s provision of school meals was received from F, Inc., a business partner of the Plaintiff, for the purchase of goods (hereinafter “the instant check”).

On November 1, 2018, the Defendant received the instant check from E and awarded a discount of KRW 18,000,000.

E Around November 13, 2018, the Plaintiff died (hereinafter “E”). On December 19, 2018, the Plaintiff filed a peremptory notice on the instant check with the Seoul Northern District Court 2018KaGong224, and the said court rendered a judgment of nullification that the instant check should be invalidated on May 1, 2019.

On May 10, 2019, the Defendant filed a lawsuit of dissatisfaction with regard to a nullification judgment as Seoul Northern District Court 2019 Ghana 7126 Decided May 10, 2019, and the said court rendered a judgment accepting the Defendant’s claim on August 27, 2019;

The above judgment became final and conclusive on September 17, 2019.

D Co., Ltd. deposited the instant deposit money of KRW 20,000,000 (hereinafter “the instant check”) with the Seoul Central District Court Decision 26040, Oct. 18, 2019, as the Bank Deposit amounting to KRW 26040.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, 3, 5, 6, 7, Eul 1, 10-1 through 10-4, 12, 13, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion was that the Defendant acquired the check of this case from the deceased as a non-legal person, and acquired it in good faith.

shall not be deemed to exist.

Therefore, we seek to confirm that the right to claim the return of the instant deposit is the Plaintiff.

B. 1) In a case where there is a person who has lost his possession of a check for any reason, the holder of the check shall not be bound to return the check when the check is in possession of the check, or when the holder of the check transferable by endorsement proves his right in accordance with Article 19.

However, this does not apply where a holder has acquired a check in bad faith or by gross negligence (Article 21.2 of the Check Act). For the following reasons, the check of this case is legitimate.