1. The plaintiff's claim is dismissed.

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

1. The following facts may be acknowledged in light of each of the statements in Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 4, and the purport of the whole pleadings.

On July 2, 2010, the Defendant, under the Plaintiff’s joint and several guarantee, lent 30% interest rate of KRW 70 million per annum (36% per annum) to C on October 2, 2010, respectively, and drafted two loan certificates with loans of KRW 35 million.

B. On July 2, 2010, the Plaintiff completed the registration of creation of a mortgage on each of the real estates listed in paragraphs 1, 2, and 4 (hereinafter referred to as the “instant collateral security”) in the attached list of the real estate owned by the Plaintiff (hereinafter referred to as the “land or building located in D”), with respect to the registration of creation of a mortgage on the E land, the maximum debt amount of KRW 53 million, the debtor C, and the creditor, and the debtor, and the Defendant, separately, completed the registration of creation of a mortgage on the E land (hereinafter referred to as the “instant collateral security”).

C. Meanwhile, the Plaintiff was a joint issuer with C and issued respectively a promissory note with the Defendant as of September 30, 2010 as of September 29, 2010 of the date of issuance, and a promissory note as of September 30, 2010 of the date of issuance.

In addition, with respect to each of the above promissory notes, each of the aforesaid promissory notes prepared by each notary public on September 29, 2010 No. 321, and September 30, 2010, prepared by each of the above notarial deeds No. 324, prepared by each of the law firms on September 29, 2010 (hereinafter “instant notarial deeds”).

2. The assertion and judgment

A. The plaintiff asserts that since the defendant voluntarily prepared the notarial deed of this case, the notarial deed of this case has no effect as execution right.

If a seal affixed on a private document is based on his seal, then the authenticity of the seal shall be presumed to have been created, that is, the act of affixing the seal is based on the will of the person who prepared the document, and once the authenticity of the seal is presumed to have been created, the authenticity of the document shall be presumed to have been created, but the document shall be presumed to have been authentic.