1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. On April 2001, the Plaintiff lent 7 million won to D, a real owner of C Co., Ltd., and 7 million won on the condition that the Plaintiff took out the entire earth and sand generated from Samsung-si.

B. D did not repay the above seven million won to the Plaintiff at the due date. Instead, D delivers to the Plaintiff a set of KRW 10,000,000 at par value issued by Songsan Construction Co., Ltd., the payer Co., Ltd., three (3) branches, the date of issuance, April 24, 2001, and one (1) share sheet (F (F) at the place of issuance (hereinafter “the instant check”). In addition, G’s endorsement on the instant check as the meaning of the guarantee by G, and the Plaintiff paid to D the remainder of the limit of the above borrowed amount from the face value.

C. Since then, the Plaintiff borrowed the instant water check to H as collateral, and on April 27, 2001, H presented the instant water check to the payer, but upon the refusal of payment, requested the Plaintiff to pay the borrowed money. The Plaintiff repaid the borrowed money to H and recovered the instant water check.

At around August 14, 2004, the Defendant received from G one copy of the Promissory Notes (hereinafter “instant Promissory Notes”) (hereinafter “instant Promissory Notes”) issued by G to recover the instant Check, at the face value of KRW 10,000,000, the Industrial Bank of Korea at the place of payment, the Industrial Bank of Korea at the date of payment, November 17, 2004 at the date of issuance, and August 13, 2004 at the date of issuance.

E. On November 7, 2004, the Defendant affixed a signature and seal on the custody certificate (hereinafter “the custody certificate of this case”) stating that “the copy of the check of this case shall be kept on the condition that it shall be exchanged in cash and received in cash,” which was prepared at the bottom of the copy of the check of this case, and delivered it to the Plaintiff with the Defendant’s certificate of personal seal impression.

F. The bill of this case was presented at the above payment place on November 17, 2004, but was rejected on the ground of non-transaction.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, and Eul evidence 1 to 4 are numbers.