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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. (1) On September 27, 2017, the Plaintiff entered into a partnership agreement with the Defendant (However, the contract was entered into in the name of D, the Defendant’s father), and the fiber processing business was run in the name of “E” after completing business registration under the Plaintiff’s name on November 15, 2017. (2) At the time of the Plaintiff’s investment, the Plaintiff invested KRW 10 million and the Defendant invested KRW 50 million, respectively.
3) On March 20, 2018, the Plaintiff borrowed KRW 100 million from the foregoing D with interest rate of 25%. On September 27, 2017, the Plaintiff and D, at the notary office of a notary public C, entrusted the Plaintiff with the preparation of a notarial deed of money loan for transfer security to D in the possession of possession of the said B-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S.
2) On February 8, 2018, the Plaintiff issued and delivered to the Defendant a promissory note No. 50 million won at a face value, two promissory notes with a face value of 39 million won on March 20, 2018, and one promissory note No. 39 million won on March 20, 2018, respectively. On the same day, the Plaintiff and the Defendant entrusted the Defendant with a notary office C to the effect that “the Plaintiff shall be aware that no objection is raised even if he/she is immediately subject to compulsory execution when he/she delays the payment of each of the said notes to the holder of each of the said notes.” A notary public drafted a notarial deed with the foregoing content No. 145, 146, and 147 of a deed No. 2018 (hereinafter referred to as “notarial deed No. 1, 2, and 3 of this case”).
(ii)(based on recognition.).