1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 9, 2006, the Plaintiff transferred to the Defendant seven copies of the coefficient marks as follows.

1) Date of payment: issuer C3 on June 29, 2006: Par value 4) : each 5,000,000 won: D, E, F, G, H, I, and J

B. Each of the above household checks was presented to the payment place on June 29, 2006, but was rejected as a non-transaction.

[Reasons for Recognition] Facts without dispute between the parties, entry in Gap evidence 1, 4, and 5 (including branch numbers if there are branch numbers) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the plaintiff transferred a provisional coefficient of the sum of 35,000,000 won to the defendant as above, and since the above household checks are identical in cash with securities, the defendant is obligated to return the above KRW 35,00,000 to the plaintiff.

B. The check is merely an instrument that the drawer entrusts the drawee or the paying bank with the payment of a certain amount to the holder of the check. As such, the holder of the check has the authority to seek payment of the amount from the drawee or the paying bank.

It is not a right on a check to claim payment to the drawee or the paying bank, and therefore, the drawee or the paying bank does not have the obligation on a check to pay the check to the holder of the check unless the payment is protected (see Supreme Court Decision 63Da914, Apr. 28, 1964). Since the holder of a household check is paid the check from the bank in question when there is funds corresponding to the issuer of the household check to the bank in question, the holder of the household check is merely acquiring the coefficient check by knowing the risk that the bank will not pay the check if there is no funds.

Therefore, the plaintiff transferred the above provisional coefficient to the defendant immediately.