청구이의
1. The plaintiff's claim is dismissed.
2. As to the case of application for the suspension of compulsory execution by this Court, this Court shall take September 2015 as to the case of application for suspension of compulsory execution.
1. Basic facts
A. The Plaintiff, along with C and D, agreed to operate a business of manufacturing and selling scrap and fruits, and requested the Defendant to make an investment. The Defendant consented thereto and delivered C KRW 189,00,000 in total from April 29, 2013 to October 23, 2013, and approved KRW 1,047,400 in the card.
B. However, the above construction period is late, the Defendant agreed to withdraw from the above business. On October 22, 2013, the Plaintiff issued a promissory note in the amount of KRW 190,000,000 (hereinafter “instant promissory note”) to the Defendant, and on the same day, a notary public drafted a notarial deed as 2013,790,000,000 in the certificate of this law office.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings
2. The plaintiff's assertion and judgment are prepared to mean that the defendant's investment amount should be confirmed at the request of C and the defendant, who are partners, and thus, this is alleged as invalid as a non-party's declaration of intention or a false declaration of agreement, but there is no evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit.
The plaintiff asserts that the issuance of the Promissory Notes in this case was cancelled on the ground of mistake, but there is no evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit.
The Plaintiff, as the Promissory Notes was prepared to confirm the Defendant’s investment amount, was also aware of such motive, and it is important to determine whether the Promissory Notes are issued for the purpose of confirmation or are issued for the purpose of actual debt burden. Therefore, the Plaintiff asserts that the issuance of the Promissory Notes is cancelled on the ground of mistake in motive, but it is possible to acknowledge this.