1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. D signed a lease agreement on August 19, 2016, stating that the Plaintiff shall lease KRW 220,000,000 to the Plaintiff (i.e., Benz E20,000) and KRW 20,000,000,000,000 for lease deposit, and each of the above lease deposits agreed to pay the Plaintiff the lease deposit at the time of returning the said vehicles.

B. D, around March 11, 2017, received KRW 40 million to the Plaintiff as a vehicle siren, and promises to pay the said amount by March 25, 2017.

“The” has issued a certificate of borrowing.

C. Meanwhile, D issued the Defendant’s certificate of personal seal impression to the Plaintiff, who is the spouse of D, and the said certificate of personal seal impression was directly issued by the Defendant on August 5, 2016.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion D, around November 2016, did not return the said vehicle to the Plaintiff after taking the said vehicle on the grounds of the vehicle inspection and repair, and instead, agreed to set up the said loan certificate and return the deposit KRW 40 million.

The defendant guaranteed D's obligation to return the above deposit.

(The written application for payment states that "D promised to return the above KRW 40 million by March 25, 2017, while taking the defendant as the guarantor after taking the above vehicles." However, the written statement dated November 7, 2019 stated that "D, when preparing each of the above lease agreements on September 8, 2016, it was stated that "D had a personal seal impression issued by the defendant, and that it would be known that the defendant would not make a guarantee." D in collusion with D, the defendant received a lease deposit from a rental car company, received a lease deposit from the plaintiff, and recovered the vehicle leased to the plaintiff by deceiving the plaintiff to a third party, thereby deceiving the plaintiff, thereby deceiving him/her.

Therefore, the defendant is entitled to the above 4.