1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 2, 2006, the Defendant filed a complaint against C for fraud on or around February 10, 2008, as the Defendant lent KRW 100 million to C, a sum of KRW 70,000,000,000,000,000 around March of the same year, but was not repaid.

B. On October 6, 2008, C: (a) paid the Defendant the amount to be paid from the other party in a damages lawsuit pending at the time to the Defendant in the damages lawsuit amounting to KRW 140 million or more in preference to the Defendant; (b) where the amount to be paid from the other party to the lawsuit is not more than KRW 140 million, C made up a letter stating that the Defendant shall pay the entire amount to be paid to the Defendant and pay the insufficient amount to the Defendant separately (hereinafter “instant letter”).

C. Meanwhile, in order to receive the criminal agreement and withdrawal of complaint against C on October 6, 2008, the plaintiff and D, a partner of C, made and delivered a notarial deed under a monetary loan agreement for consumption of money (hereinafter "notarial deed of this case") with the content that the notary public would pay 30 million won to the defendant until October 15, 2008, by designating the debtor as the plaintiff, joint guarantor, and the loan amount as KRW 140 million, as the notary public, around 3453, 2008, in order to receive the criminal agreement and withdrawal of complaint against C on October 6, 2008.

On October 6, 2008, as the defendant received the letter of this case and the Notarial Deed of this case, and agreed on the case of complaint complaint complaint complaint complaint complaint complaint complaint complaint complaint complaint complaint complaint complaint complaint complaint suit, the defendant prepared a letter of certification with the content that the complaint is revoked by a notary public as a law firm No. 8821 (hereinafter "the agreement of this case") and delivered it to the plaintiff.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is that the Defendant sought confirmation of the non-existence of the above obligation, since the Defendant executes compulsory execution based on the instant notarial deed, even though there is no obligation under the instant notarial deed for the following reasons.

(1)