1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. From March 2016 to October 27, 2016, the Defendant lent KRW 35,990,000 to the Plaintiff’s denial C as indicated below.
The amount of 4,000,00 C Election Fund around March 2016, 200 C for the purpose of the borrowing 13.5,000,000 on July 12, 2016 for the cancellation of provisional attachment of an apartment owned by the Plaintiff on July 13, 2016, 35,990,000 for the purchase of real estate in the name of the Plaintiff (deposit in the Plaintiff’s account) on October 27, 2016, aggregate of 35,90,000 for the purchase of real estate in the name of the Plaintiff (deposit in the Plaintiff’s account).
B. On November 6, 2017, the Plaintiff and the Defendant drafted a loan certificate (hereinafter “the instant loan certificate”) on the job with C.
The main contents are as follows:
In borrowing amounts of KRW 37,609,300 above, the following shall be agreed upon and duly borrowed to comply with:
1. A and C have borrowed KRW 37,609,300 from March 2, 2016 to B, but have not been repaid until now.
2. He will borrow the above amounts on a fixed basis and repay them on a fixed date by March 31, 2018.
C. On April 9, 2018, the Plaintiff completed the registration of creation of each real estate listed in the separate sheet (hereinafter “instant real estate”) with respect to the Defendant, 49,000,000 won with maximum debt amount, and the right to collateral security (hereinafter “instant right to collateral security”) with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”).
On May 10, 2018, the Defendant was issued a payment order (this court 2018 tea2603; hereinafter “instant payment order”) to the Plaintiff based on the instant loan certificate from this court. The instant payment order was finalized as it was, since the Plaintiff did not raise any objection despite being served with the instant payment order.
On July 9, 2018, the Defendant was ordered to commence a compulsory auction (this court D; hereinafter referred to as “instant compulsory auction”) with the title to execute the instant payment order with respect to the instant real estate.
E. On October 2017, the Plaintiff demanded the Plaintiff to repay the Plaintiff’s loan instead of the Plaintiff’s loan, and promulgated.