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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 15, 2013, the Defendant prepared and signed this certificate to receive and prove the said amount in cash of A on November 15, 2013, under the title “cash storage certificate” for the Plaintiff, who is an son, as the Plaintiff on November 15, 2013: Provided, That the Defendant made and signed a document stating “The Cash Storage Certificate B” (hereinafter “instant cash storage certificate”) on November 15, 2013.
B. The Defendant’s spouse died and his/her child has 6 South Korea, including C, D, Plaintiff, E, F, and G. The Defendant prepared and sent the same form and document as the instant cash storage certificate to D, F, and G on November 15, 2013.
C. The Defendant: (a) owned from around 2001 a building of H Dae-si 264.2 square meters and three floors above its ground (hereinafter “instant real estate”); (b) sold it to I on May 24, 2016; and (c) completed the registration of ownership transfer on June 8, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, Eul evidence No. 2 (including branch numbers), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserts that the Plaintiff lent KRW 40,00,000 to the Defendant and received the cash custody certificate of this case. Accordingly, the Defendant asserted that the cash custody certificate of this case was prepared by false representation in collusion and denied the fact of borrowing. 2) The Plaintiff asserted that the Plaintiff lent money to the Defendant on the ground that it is necessary to refund the lease deposit of the instant real estate lessee, but on August 17, 2016, the Plaintiff changed the claim that the cash custody certificate of this case was issued out of the total amount of KRW 79,50,000, including loans related to the purchase of J house, JJ deposit money, loan related to the purchase of H land, lease deposit money, lease deposit money, and other loans.
The F, as a witness, was present by the defendant, and the defendant is the defendant about the process of preparing the cash custody certificate of this case.