1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The plaintiff's assertion that the plaintiff's joint and several obligation through the notarial deed of this case is a loan obligation of KRW 20 million borrowed from the defendant as a deposit for lease from the defendant. Since the defendant was fully paid a loan obligation of KRW 20 million, compulsory execution based on the notarial deed of this case should not be permitted.

In regard to this, the Defendant did not lend the above KRW 20 million to C for the purpose of lease deposit, but the amount recovered by the Defendant invested in the business of C. The Plaintiff’s joint and several liability based on the instant notarial deed is a part of the amount of KRW 35 million previously borne by C.

2. Determination on the cause of the claim

A. The court's explanation on this part of the facts of recognition is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. (1) In light of the following circumstances, which can be acknowledged by comprehensively taking account of the facts acknowledged as above and the purport of the entire pleadings, it is reasonable to view that the Defendant agreed to lend KRW 20 million to C as lease deposit, and that the Plaintiff’s joint and several obligation under the instant notarial deed constitutes the above loan obligation of KRW 20 million to be used as lease deposit.

① In the reply of October 14, 2015, the Defendant alleged that: (a) the Plaintiff, the Defendant, and C agreed to provide joint and several surety for KRW 35 million for the existing debt of KRW 35 million and the additional loan debt of KRW 20 million; and (b) the instant notarial deed was prepared; (c) on March 7, 2016, the Defendant demanded joint and several surety for KRW 55 million; (d) on preparing the instant notarial deed, C claimed that the said notarial deed was written at will as KRW 24 million; and (e) at the time of the trial, C loaned KRW 20 million for the lease deposit from KRW 20 million.