1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion and judgment

A. The plaintiff's assertion was used by the non-party C, who is the defendant's husband, around 198, by lending 6 million won of the household check from the non-party C, who is the defendant's husband, but it did not borrow 10 million won from the defendant.

Nevertheless, upon C’s request, a false statement in the purport of the claim is prepared and issued by the false statement of the conspiracy (hereinafter “this case’s loan certificate”).

Therefore, there is no obligation based on the loan certificate of this case.

B. The evidence presented by the Plaintiff alone is insufficient to recognize that the loan certificate of this case was prepared based on the false declaration of agreement, and there is no other evidence to acknowledge this otherwise.

Rather, comprehensively taking account of the overall purport of the pleadings in evidence Nos. 2 and 1 evidence, the Defendant filed a lawsuit against the Plaintiff on the loan certificate of this case with the Busan District Court 2004DaDa559039, which became final and conclusive, and thereafter, the Plaintiff was able to pay part of the debt according to the above judgment. Meanwhile, around May 2018, the Plaintiff filed a lawsuit seeking objection to deny compulsory execution against the above judgment based on the loan certificate of this case (U.S. District Court 2018Da8633). For this reason, the Defendant asserted that “no obligation or obligation based on the loan certificate of this case exists,” the same content as the cause of the instant claim of this case, and asserted “Performance”, but all of which were not accepted.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.