1. The Defendant’s KRW 70,000,000 as well as 5% per annum from March 29, 2019 to November 20, 2019 to the Plaintiff.

1. Facts of recognition;

A. The Plaintiff entered into a lease agreement with C by setting the lease deposit amount of KRW 50,000,000 and monthly rent of KRW 200,000 with respect to the D Apartment E (hereinafter “instant building”) in Kimpo-si, Kimpo-si, and paid KRW 50,000,000.

B. Around April 2010, the Defendant, as C’s children, entered into an agreement with the Plaintiff on the modification of the lease agreement to increase the deposit to KRW 80,000,000 and eliminate the monthly rent. On April 28, 2010, the Defendant issued a promissory note as the Plaintiff on July 1, 2012, the date of issuance, April 28, 2010, for the guarantee of the refund claim of deposit money, and on the same day, a notary public entered into an authentic deed of promissory note (hereinafter “instant authentic deed”) with the Plaintiff as the law firm F.9 on the same day.

In addition, when the Plaintiff receives KRW 80,000,000 from C on the same day, the notarial deed of this case was written to invalidate.

C. On March 30, 2012, the instant building commenced the auction procedure of real estate rent as Incheon District Court Branch G for the Busan District Court Branch on January 16, 2013.

On June 29, 2015, the Plaintiff issued a collection order based on the instant notarial deed as Seoul Eastern District Court 2015TTTT 9227, 12 financial institutions such as the debtor, the third debtor HF bank, etc., the claim amount of 80,000,000, and issued a collection order.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings.

2. Judgment on the parties' arguments

A. According to the above findings of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 80,000,000 for promissory notes and damages for delay, unless there are special circumstances.

B. On the premise that the Defendant received KRW 30,000,000 from the Plaintiff for the increase in the lease deposit, the Defendant guaranteed to pay KRW 80,000,000 for the lease deposit by July 1, 2012.