1. The plaintiff's claim is dismissed.

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

1. On July 7, 2015, the Plaintiff, along with the Defendant, drafted a notarial deed under a monetary loan agreement (hereinafter “notarial deed of this case”) with the content that “Defendant shall lend KRW 30 million to the Plaintiff on July 7, 2015, and the Plaintiff borrowed it.”

2. The Plaintiff’s assertion is operating the automobile maintenance business under the trade name of “C”.

The Defendant entered into a partnership agreement with the Plaintiff to invest KRW 30 million in the maintenance business establishments operated by the Plaintiff and divide profits without monthly pay, and invested KRW 30 million in the amount of KRW 30 million.

The defendant demanded the plaintiff to prepare the notarial deed of this case in a formal manner that the plaintiff well helps to conduct the same business, and prepared the notarial deed of this case in order to confirm that the plaintiff received the investment money.

On April 2016, the defendant's business has been in operation and has retired from office until the end of April, 2016, and the business has been terminated.

This case’s notarial deed is merely prepared in the sense that the Plaintiff did not borrow money in the meaning of confirming the Defendant’s investment money, and there is no Plaintiff’s obligation to the Defendant based on the notarial deed of this case.

3. In a case where an adjudication document is recognized as having the authenticity, the existence of a juristic act which forms the content of the declaration of intent expressed in the document must be recognized unless there are special circumstances to the contrary, where the existence and content of the declaration of intent expressed in the document

(See Supreme Court Decision 200Da38602 delivered on October 13, 2000, etc.). Examining these legal principles, it is reasonable to deem that the Plaintiff borrowed KRW 30 million from the Defendant according to the instant notarial deed. The instant notarial deed is to confirm that the Plaintiff followed the Plaintiff’s car maintenance business and the Defendant paid KRW 30 million to the Plaintiff as investment money only with the evidence (including the serial number) alone.