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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On April 2, 2015, the Plaintiff asserted that: (a) around the date of the Plaintiff’s assertion, the Defendant issued to the Plaintiff one copy of the check number per unit (hereinafter “instant check”) as a new security on behalf of the Plaintiff, the issuer, the Defendant at the face value of KRW 250,000,000,000 in the face value; (b) the Korean bank sperm branch, check number B, and the due date on May 29, 2015, on behalf of the existing collateral, and (c) the Plaintiff offered the instant check to the Plaintiff on June 1, 2015, on the ground that the Defendant reported the loss of the check.
Since the defendant made a false report on loss and received a nullification judgment on the check of this case, the defendant is obligated to pay the amount of the check of this case to the plaintiff.
2. Determination
A. In a case where a judgment of nullification has been rendered with respect to a related legal check, the check becomes null and void as a passive effect of the judgment of nullification, and the holder of the check is not entitled to exercise his/her right on the check (see, e.g., Supreme Court Decision 83Da508, Nov. 8, 1983). Since the check becomes null and void as a passive effect of the judgment of nullification, in a case where the Plaintiff’s legitimate holder of the check and the applicant for a public summons on the check is not a person who has been stolen or lost the check, the Plaintiff is entitled to remedy by filing a lawsuit of dissatisfaction with a view to extinguishing the
(See Supreme Court Decision 67Da1731 delivered on September 26, 1967, etc.). B.
According to the overall purport of the statements and arguments by Gap, Eul, Eul, Eul, Eul, Eul, and Eul, the defendant received as the issuer of the check of this case a report on the loss of the defendant's office on May 5, 2015, "the check of this case was lost at the defendant's office on or around May 14, 2015," and the defendant filed an application for a public summons and nullification judgment on the check of this case with the same content as the above report of loss on May 6, 2015 with Sungwon District Court Sung-nam Branch Branch 2015Ka102.