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. Basic facts

A. On June 2014, the Defendant issued a check number C, face value of KRW 10,000,000 at the end of the check, shipping substitute points in a new bank at the place of payment, and the check number per bearer as indicated as of September 30, 2014 as of September 30, 2014 (the drawing up of the check of this case was exempted; hereinafter “the check of this case”).

B. On the back of the instant check, D Co., Ltd. (hereinafter “D”) is the first endorsement; the Plaintiff is the second endorsement; E is the third endorsement; the Plaintiff is the third endorsement; the Plaintiff is the original substitute case (hereinafter “original substitute case”) is the fourth endorsement; and F is the fifth endorsement.

C. On September 30, 2014, the Defendant reported the acceptance of the instant check. D.

D transferred KRW 10 million on Nov. 4, 2014, and the Plaintiff received the instant check from the original Twits around November 5, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and Eul evidence 2 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The payment of the instant check money to the original Telecommunication case is D, but it is paid on behalf of the Plaintiff for the repayment of the price for the goods that D assumed against the Plaintiff, and the Plaintiff was treated as having repaid KRW 10 million.

Therefore, since the drawee is actually the Plaintiff, the Defendant is obligated to pay the instant check to the Plaintiff, who is the lawful holder of the check.

B. Defendant A) The instant check is a loan check issued at the request of G in fact operated by G. D. After the instant check was rejected, D paid the amount of the check at the Plaintiff’s request to recover the check. However, the Plaintiff claims the payment of the check again without returning the instant check to D, and the Plaintiff is not a lawful holder of the instant check).