1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 10, 2009, a notary public drafted a promissory note No. 66 of 2009 (hereinafter “notarial deed of this case”) containing the issuance of a promissory note as indicated in the separate sheet as of September 10, 2009 (hereinafter “instant promissory note”) on the issuer, payee Co., Ltd. (hereinafter “D”), par value 1,400,000,000,000, and the issue date of a promissory note as of September 10, 2009.

B. On November 27, 2013, D filed an application for the attachment and collection order (hereinafter “instant attachment and collection order”) with the creditor D, the debtor, the garnishee, the third debtor E, and the stock company F as the title of execution of the instant Notarial Deed with the Daejeon District Court Branch of Daejeon District Court as the title of execution, and submitted the instant Notarial Deed with the original copy of the instant Promissory Notes attached thereto.

C. The Promissory Notes was transferred from D to G on May 31, 2013, and transferred to the Defendant on October 25, 2015.

The Defendant, as the final holder of the Promissory Notes, submitted the original copy of the Promissory Notes, along with the original copy of the instant Promissory Notes, at the time of filing an application for the seizure and collection order of the instant Promissory Notes. On February 26, 2019, on the ground that the record of the seizure and collection order of the instant Promissory Notes was destroyed due to the lapse of the preservation period, and the location of the instant Promissory Notes cannot be ascertained, the Defendant filed an application for the public summons with the Seoul Central District Court 2019KaGong71 (hereinafter “instant application for the public summons”). On June 24, 2019, the Defendant was sentenced to a nullification judgment with respect to the instant Promissory Notes on the date of the public summons (hereinafter “instant nullification judgment”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Even if the plaintiff's assertion is based on the statement of the reasons for the application for the public summons of this case, D submitted the original of the Promissory Notes at the time of application for the seizure and collection order of this case.