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1. The Defendant’s order based on the payment order for the check money case No. 2017 tea961 against the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 12, 2017, the Defendant filed an application with the Plaintiff for a payment order claiming payment of a check with the District Court 2017 tea961, and on May 23, 2017, the Defendant issued a payment order (hereinafter “instant payment order”) to the Plaintiff that “the obligor (referring to the Plaintiff; hereinafter “Plaintiff”) would pay 5,00,000 won to the obligee (referring to the Defendant; hereinafter “Defendant”) and the Plaintiff would pay 15% interest per annum from the day following the day when the original copy of the instant payment order was served, until the day when the original copy of the instant payment order was paid,” and the payment order (hereinafter “instant payment order”) was served to the Plaintiff on August 13, 2017, and the objection was not raised and confirmed on August 29, 2017.
B. On February 2, 2008, the Plaintiff issued a one copy of the household check, which was at the first place of the Bank of Korea (hereinafter “the household check of this case”), and delivered to C, on February 16, 2008, at the face value of KRW 5,000,000, and the issue date of February 16, 2008.
C. In the application for the instant payment order, the Defendant issued to C one copy of the household check on the first day of February 16, 2008 (referring to the instant provisional coefficient check), which was endorsed by C and lawfully acquired from C, D to D, and D to E, and E to ever-to-day Savings Bank. As the final holder of the ever-to-date Savings Bank, the ever-to-date Savings Bank, as the final holder, presented the above coefficient check to the Bank, which was the place of payment on the due date. However, the Defendant refused payment due to the issuer’s non-transaction, and returned the original cash check from D on several occasions on November 201, 206, and entered the purport that “The Plaintiff shall be held liable as the issuer of the said household check.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Defendant asserted that the household check of this case was paid to the Plaintiff on May 16, 2008, which was nine years from May 16, 2008, and around May 12, 2017.