A. The plaintiff is engaged in scrap metal, wood processing, metal processing, etc. with the trade name of "C", and the defendant is a person who works as the head of the department in D (representative E) and is the E's head of the above D's representative.

B. On October 31, 2016, the Plaintiff acquired scrap metal and other by-products with E as the Plaintiff’s vehicle, respectively, determined that “one year from October 31, 2016 to October 30, 2017,” and entered into a contract for the by-products with the effect of automatically extending each year on the same condition (hereinafter “instant contract”).

On the same day, the Defendant prepared a loan certificate for KRW 50,000,000 with the Plaintiff, and agreed that “The Defendant shall be fully liable to the Plaintiff when he/she fails to receive the deposit before or after the expiration of the contract due to D circumstances, and shall pay the deposit to the Plaintiff. If the Defendant is liable for the deposit, he/she shall be paid the deposit within 10 days from the date he/she shall be liable.”

C. The instant contract was automatically extended by March 2019.

Since April 2019, D has suspended the operation of a factory due to difficulties in management status.

Accordingly, the Plaintiff notified E of the termination of the instant transaction contract and requested the return of the deposit, and requested the Defendant to return the deposit that has been promised on several occasions.

However, the defendant continued to return the deposit, and D around the end of July 2019 was in default and discontinuance of business.

On the other hand, the contract of this case demanded that the plaintiff pay the above deposit to the plaintiff, and the plaintiff paid 200 million won as the deposit to E.

E, the management status of D is difficult, as of April 23, 2019, promises to approve and pay the following obligations to the Plaintiff, a creditor, in accordance with Article 162 of the F Office Certificate of Notary Public No. 2019.