1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 12, 2012, the Defendant drafted a notarial deed of a monetary loan for consumption (hereinafter “instant notarial deed”) with the purport that a notary public lent KRW 40 million to the Plaintiff by setting the due date as January 20, 2013 as the law firm C Deed No. 5948 (hereinafter “instant notarial deed”) between the Plaintiff and the Plaintiff.

B. The Defendant, on the same day, remitted 40 million won to the Plaintiff’s deposit account.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is that the actual obligor of the instant loan is not the Plaintiff, but only the Plaintiff lent its name upon D’s request. Since D fully repaid the Defendant’s debt of the instant loan, compulsory execution based on the instant notarial deed should be denied.

B. 1) Determination 1) The burden of proof as to the grounds for objection in a lawsuit seeking objection shall also be in accordance with the principle of allocation of the burden of proof in a general civil lawsuit. In the case of an executive title that has no res judicata as in a notarial deed, such as a notarial deed, the failure or invalidation of a claim may be the grounds for objection (see Article 59(3) of the Civil Execution Act). In a lawsuit seeking objection against a notarial deed, where the plaintiff claims facts that constitute a cause for the occurrence or extinction of a right, such as the invalidity or extinguishment of the defendant's claim as a prior agreement with false indication or by repayment, the plaintiff is liable to prove such facts (see, e.g., Supreme Court Decision 2010Da12852, Jun. 24, 2010). 2)