1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 18, 2018, when lending KRW 320,000 to D and D, the Plaintiff agreed to pay due date on September 18, 2010, and interest on 2.5% per annum (30% per annum) respectively, and a notary public was issued a notarial deed of a monetary loan agreement (certificate 3701, 201) by E by law firm on September 19, 201.

B. Based on the loan claim under the above notarial deed, the Plaintiff received from this court a seizure and collection order (2018TTT412) regarding D’s right to claim the recovery of deposit (2016TT 3566, hereinafter “instant right to claim recovery”) from the Suwon District Court, and accordingly participated in the instant dividend case.

C. On December 21, 2018, the instant court drafted a distribution schedule with respect to the dividend cases at issue, each of the KRW 35,000,000 among the total dividend amount of KRW 35,085,142, and the Plaintiff’s KRW 85,142 (= KRW 35,085,142 - 35,000,000).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant's claim against D is a false claim that does not actually exist, and the defendant asserts that his claim against D exists actually.

B. The burden of proof as to the grounds for objection to a distribution in a lawsuit of demurrer against distribution is in accordance with the principle of distribution of the burden of proof in general civil procedure. Therefore, in a case where the plaintiff asserts that the defendant's claim has not been constituted, the defendant is liable to prove the facts of the cause of the claim, and where the plaintiff claims that the claim was invalid as a false declaration of conspiracy or extinguished by repayment

(see, e.g., Supreme Court Decision 2005Da39617, Jul. 12, 2007). With respect to the instant case, Ministry of Health and Welfare provides evidence 1.