1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 2, 2018, the Plaintiff and the Defendant made the obligee as the Plaintiff and the Defendant as the Plaintiff, and the maturity date is February 28, 2018, the interest rate is 6% per annum, and the rate of damages for delay is 10% per annum, and the Plaintiff requested a notary public to prepare a notarial deed of monetary loan for consumption with the purport that the Plaintiff borrowed KRW 150,000,000 from the Defendant, and accordingly, the notary public drafted a notarial deed of monetary loan for consumption (hereinafter “notarial deed of this case”).

Non-party D and E are written as joint and several guarantors of the above notarial deed against the defendant.

B. On the basis of the instant notarial deed, the Defendant received the order of seizure and collection from the Seoul Central District Court 2018TTT No. 201963, wherein the Defendant and the third obligor were the Plaintiff and the third obligor, and served the order on the Plaintiff and the third obligor.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Grounds for and determination of the claim

A. The parties' assertion 1) The defendant prepared a notarial deed of this case that the plaintiff received a request for a loan of money from the plaintiff that needs to purchase the apartment house, and prepared to lend money to the plaintiff. However, since the defendant did not lend money thereafter, since the plaintiff did not borrow money, the execution based on the notarial deed of this case should not be permitted. 2) The defendant lent a total of KRW 150,000,000 to the plaintiff as stated in the notarial deed of this case.

B. Comprehensively taking account of each of the written evidence Nos. 1 through 3, the Defendant remitted KRW 80,000,000 to D, a joint and several surety on the instant notarial deed, on December 13, 2017. The Plaintiff and the Defendant substitute the said money as a payment of debt on the instant notarial deed in lieu of the payment of debt on the instant notarial deed, and the remainder of KRW 70,000,000 on February 2, 2018, which is the date on which the instant notarial deed was prepared, directly to the Plaintiff’s account.