The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment and the record, the following facts are revealed.

On March 10, 2009, the Defendant leased the lease deposit amount of KRW 300 million from Jinju-si L Building (hereinafter “Lbuilding”) from H (hereinafter “H”) on March 10, 200.

On April 14, 2009, the Plaintiff completed the registration of creation of a neighboring mortgage with respect to the real estate owned by H, the mortgagee, the Defendant, and the maximum amount of debt KRW 390,000,000 with respect to the property owned by H (hereinafter “instant real estate”).

(hereinafter “The first collateral mortgage”). The Defendant filed a claim against H for the return of the lease deposit and the payment of the loan, etc. with the Seoul District Court Jinwon District Court Decision 2009Guj2768 and 2009Guj2769, and around August 2009, the payment order ordering H to pay the lease deposit amount of KRW 40 million calculated at the rate of KRW 20% per annum and KRW 300 million per annum after the date of service of the payment order was finalized.

On August 18, 2019, the Plaintiff and the Defendant drafted a written agreement with the following purport: “The sum of KRW 340 million,00,000,000,000,000 and KRW 390,000,000 of the maximum debt amount of the first collateral mortgage of this case, and KRW 390,000,000,000,000,000,000,000, in default, are combined; H and the Plaintiff shall repay the entire amount to H and the Defendant if they repay, and the Defendant’s right should be recognized until the repayment is made.”

B. On October 20, 2009, H completed the registration of the establishment of a neighboring mortgage with regard to the No. n,O, and P of L Building (hereinafter “L building No. n, etc.”), the Defendant of the mortgagee, the maximum debt amount of which is KRW 300 million.

The second collateral mortgage of this case is referred to as "the second collateral mortgage of this case".

C. The Defendant, with interest rate of 30% per annum, lent KRW 76 million on December 21, 2009, KRW 15 million on February 8, 2010, and drafted a notarial deed under a monetary loan agreement with H within the scope of principal.