1. The Defendant’s ground of appeal No. 20 of 201, Jan. 5, 2011, No. 2010, Dec. 20, 201

1. Basic facts

A. The Plaintiff was in a de facto marital relationship with the Defendant around December 2005, while living together with the Defendant from August 2006, and was in a de facto marital relationship until July 10, 2014.

B. On January 5, 2011, the Plaintiff drafted a loan certificate stating that “the Plaintiff bears the Defendant’s obligation of KRW 30 million under a monetary loan agreement on July 20, 2007, and would repay by July 20, 2010” (the date of preparation on July 20, 2007) and a notarial deed of a debt repayment contract.

hereinafter referred to as the "notarial deed of this case"

(C) On January 13, 2011, the Plaintiff: (a) rendered a mortgage on 24 tons of dump trucks purchased under the Plaintiff’s name with the claim value of KRW 30,000,000 for the Defendant; (b) (c) the Plaintiff set up a mortgage on the claim value of KRW 30,000. [In the absence of any dispute over the grounds for recognition, entry of

2. The parties' assertion

A. The Defendant did not actually lend money to the Plaintiff.

The notarial deed of this case is prepared in a false manner in order to escape compulsory execution, when a dump truck registered in the name of the plaintiff is faced with a crisis of compulsory execution.

B. The defendant around September 2006 lent KRW 15 million to the plaintiff on the pretext of the deposit and facility cost necessary for the beauty room opening business.

In addition, around January 2008, the Defendant lent to the Plaintiff money exceeding KRW 3 million for Plaintiff C, KRW 5 million at the time of marriage with Plaintiff’s father’s father’s father’s father’s father’s father’s wife, and thereafter, KRW 40 million with the Plaintiff’s operating fund exceeding KRW 14 million.

However, the Plaintiff prepared the notarial deed of this case with the Plaintiff’s promise to repay only KRW 30 million.

3. Determination

A. The legal doctrine on the burden of proof and the burden of proof on the grounds of the claim objection in the lawsuit of demurrer of the issue of the instant case must be in accordance with the principle of allocation of the burden of proof in general civil procedure.

In a lawsuit of demurrer, when the plaintiff asserts that the claim has not been established, the defendant is responsible to prove the cause of the claim.

However, the Plaintiff.