1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

1. Basic facts

A. On October 17, 2012, the Defendant issued a cashier’s check (hereinafter “instant check”) with the face value of KRW 26 million, the check number of KRW C, and the issue date of October 17, 2012.

B. On August 8, 2013, the Intervenor’s Intervenor (hereinafter “ Intervenor”) filed an application with the Defendant for the suspension of payment of the instant check on the grounds of the check room, and the Defendant suspended payment of the instant check on the same day.

C. On August 16, 2013, the Intervenor filed a request for a public summons seeking a nullification judgment on the ground that the check of this case was stolen and lost with the Jung-gu District Court Goyang Branch. On September 9, 2013, the said court rendered a public summons on September 9, 2013 and rendered a nullification judgment on December 30, 2013 (hereinafter “instant nullification judgment”) with the effect that the Intervenor declared the invalidity of the check of this case on December 30, 2013 as there was no person who filed a report of rights, etc. by the deadline stipulated in the public summons.

On the other hand, on September 13, 2013, the Plaintiff presented the instant check for payment at the New Bank Branch of the Bank. However, due to the Intervenor’s report on the loss of the instant check, the new bank refused to pay the instant check. On December 30, 2013, the Intervenor submitted the judgment of nullification on the instant check, and the Defendant paid KRW 26 million to the Defendant on the same day at the time when the Intervenor submitted the judgment of nullification.

E. On May 30, 2014, the Plaintiff filed a lawsuit against the Defendant and the Intervenor, including revocation of the judgment of nullification on May 28, 2015, with the District Court 2014Kadan19014, the said court rendered a judgment revoking the judgment of nullification on May 28, 2015, and the said judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1, 2, 4 through 6 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 is the lawful holder of the instant check, and the Defendant issued the instant check. Thus, the Defendant is the Plaintiff’s KRW 26 million.