The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On November 12, 2018, the Defendant concluded a construction contract with D (hereinafter “D”) with respect to the construction of a new site E neighborhood living facility in Ulsan-gu, Ulsan-gu (hereinafter “instant construction project”) with the content that the contract amount is KRW 1.88 billion and the construction period, from November 14, 2018 to May 20, 2019 (hereinafter “instant construction contract”).

B. On February 21, 2019, the Plaintiff drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) No. 69, 2019, stating that a notary public borrowed KRW 50 million from the Defendant from a law firm C, and that the Plaintiff repaid this money by June 30, 2019.

[Reasons for Recognition] Uncontentious Facts, Evidence No. 1-2, Evidence No. 1-2, Evidence No. 1-2, Evidence No. 7, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s husband F was the representative director of G Co., Ltd. (hereinafter “G”), and G was performing the construction work after obtaining a subcontract from D and obtaining a comprehensive construction license for the construction work.

However, around February 2019, when the construction work of this case was in progress, G has misappropriated the payment for the completed portion of the construction site of this case to the Plaintiff. Accordingly, the Plaintiff made a promise to pay KRW 50 million to the Defendant on behalf of G.

Accordingly, the plaintiff believed that G has useful progress payment and prepared the notarial deed of this case.

However, there is no reason to prepare a notarial deed attesting that the plaintiff borrowed money to the defendant, except that there was no use of progress payment for G, and there is no reason to conclude that the plaintiff borrowed money.

Therefore, this case’s notarial deed is null and void.

B. The burden of proof as to the grounds for objection in a lawsuit of demurrer shall also be in accordance with the principle of allocation of burden of proof in general civil procedure.

Therefore, the plaintiff's claim is established in the claim objection lawsuit.