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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 5, 2012, the Defendant, from the Plaintiff, set up a right to collateral security and distribute dividends to the Defendant (hereinafter “instant right to collateral security”) a joint collateral security (hereinafter “instant right to collateral security”) with respect to the land for a factory of 3915 square meters and the first Dong, 2, etc. on the ground of the land of 3915 square meters and 3915 square meters and the second Dong, etc. on the ground
(2) At the time of the establishment of a mortgage contract made between the Plaintiff and the Defendant, stating that “the mortgagee shall set up a mortgage to secure the debtor’s obligation at present or in the future.” (2) A voluntary auction was made in relation to the 3915m2 and the 1m3915m2 and the 1m2m2 of the land site in Jung-gu Seoul Special Metropolitan City and its ground-based main building on July 31, 2017, and the Jeonju District Court prepared a distribution schedule pursuant to the above distribution schedule, and distributed KRW 70,000 to the defendant according to the above distribution schedule.
B. In the context of major monetary transactions between the Plaintiff and the Defendant, only the part which is particularly problematic in the instant lawsuit among the monetary transactions between the Plaintiff and the Defendant.
1) On October 4, 2012, the Plaintiff borrowed KRW 50 million from the Defendant, and then a notary public drawn up and issued a notarial deed under No. 4388, 2012 (hereinafter “liability No. 4388”).
(2) On March 23, 2012, the Plaintiff: (a) received a written confirmation of completion of the settlement of investments with the purport that “I have confirmed that the total amount of KRW 50,000,000 of investment was settled by October 24, 2013; (b)” from the Defendant, the Plaintiff was the debtor on March 23, 2012; and (c) written a loan certificate and a notarial deed (No. 1508, 2012, a notary public was a law firm’s certificate of general law office) with respect to KRW 88,80,000,000, the Defendant was the debtor, and the Defendant was the debtor, and written.
(hereinafter referred to as “1508’s obligation”). 3, as between the Plaintiff and the Defendant, the Plaintiff is the debtor on November 12, 2013, and the Defendant.