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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On February 23, 2012, the Plaintiff prepared and delivered to the Defendant a notarial deed of a monetary loan agreement for consumption (hereinafter “notarial deed of this case”) No. 894 of the 2012, a notary public, stating that “the Plaintiff shall borrow KRW 124 million from the Defendant on February 23, 2012, at the rate of 2013 and 20% per annum of the due date,” which read that “the Plaintiff shall borrow KRW 124 million from the Defendant on February 22, 2013, and the delay damages shall be 20% per annum.”
[Reasons for Recognition] A’s evidence 7-1
2. The parties' assertion
A. The Plaintiff: (a) prepared the instant notarial deed to borrow KRW 124 million from the Defendant; (b) the Defendant did not lend KRW 12,400,000 to the Plaintiff even after the receipt of the instant notarial deed; and (c) even if the validity of the instant notarial deed is recognized, the Defendant collected KRW 115,410,00 in total from the Plaintiff or C during the period from March 2, 201 to September 20, 2012; (c) obtained title trust 202, 406, and recovered part of the amount invested; and (d) around December 21, 2015, the Defendant did not object to the Plaintiff by selling the said notarial deed in full with the purchase price of KRW 1230,00,00,00 and did not object to the Plaintiff; and thus, (d) the instant notarial deed has become null and void.
B. The Defendant lent KRW 186 million to the Plaintiff on January 26, 201 for the purpose of business funds (investment funds). The instant notarial deed was written in the sense that the Defendant loaned KRW 186 million to November 28, 201, and received KRW 78 million as principal among them. The instant notarial deed was written on February 23, 2012.
3. It is not enough to acknowledge the fact that the Defendant lent a total of KRW 186 million to the Plaintiff from January 28, 201 to November 28, 201, solely on the basis of the descriptions in subparagraphs 1, 2, 1, 1, and 1, 2, 2000,000,000,000,000,000,000 won, and otherwise, there is evidence to acknowledge.