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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff and the Defendant, on June 12, 2014, drafted a notarial deed of debt repayment contract (No. 655 of 2014, hereinafter “notarial deed of this case”) stating that the Plaintiff borrowed KRW 563,890,00 from the Defendant as follows.
(1) Amount borrowed: 563,890,000 won: The date of borrowing.
A. On October 4, 2013, the Plaintiff entered into a contract with the SHINEN Co., Ltd, Ltd and steel structure with the price of KRW 2 billion in total,00,000,000.
B. However, as if the above company did not pay the price, a notarial deed was prepared as if it had a debt for steel materials to the subordinate company and demanded the payment to the above company, the notarial deed of this case was prepared according to the defendant's proposal.
C. Therefore, a debt repayment contract entered into between the Plaintiff and the Defendant is null and void as a false declaration of conspiracy. Since compulsory execution based on the instant notarial deed is not allowed, and there is no Plaintiff’s obligation against the Defendant, the Plaintiff seek against the Defendant the refusal of compulsory execution based on the instant notarial deed and the non-existence of obligation based on the instant notarial deed.
3. Each statement of Gap evidence Nos. 1 and 12 (including a branch number) is insufficient to recognize the fact that the plaintiff and the defendant prepared a false notarial deed of this case to urge the Mongolia company to pay the price, and there is no evidence to acknowledge it.
4. The plaintiff's claim for conclusion is dismissed as without merit.