1.The judgment of the first instance shall be modified as follows:

The defendant's debt guaranteed by the court 2013 tea8347 against the plaintiff.

1. Facts of recognition;

A. On March 14, 2012, the Plaintiff was convicted of the Defendant on the grounds that, in the Daegu District Court Branch Branch of Port Division, the Plaintiff embezzled the Plaintiff’s car in custody of the Defendant’s 75 million won at the market price (hereinafter “the instant car”) under the lease from the lessee company and embezzled it (the judgment of this case was rendered at the above court No. 20150, Nov. 10, 201; hereinafter “the instant case”).

B. In relation to the foregoing case, on February 21, 2012, the above C prepared and executed a notarial deed for loan for consumption (No. 00165, 2012, hereinafter “instant notarial deed”). On February 20, 2012, the day prior to the preparation of the instant notarial deed, the Plaintiff prepared on February 20, 2012, “C’s compensation for damages, etc. to the Defendant at least KRW 30 million from March 3, 2012 to May 31, 2013 by entering the Defendant’s passbook at least two million won as of May 31, 2013 (hereinafter “the notarial deed”).

The loan certificate of this case was certified on February 21, 2012 (No. 01030, a notary public law firm, etc.) along with the instant notarial deed, and the Defendant, on the same day, issued to C a written agreement and a written application for no punishment for the said case (hereinafter “instant agreement”).

C. Since then, the defendant paid against the plaintiff 2013 tea8347 of this Court "the payment order of this case" that "the defendant paid 5% interest per annum from April 1, 2012 to the service date of the original copy of the payment order, and 20% interest per annum from the next day to the day of complete payment" to "the payment order of this case" is "the payment order of this case.

(2) On September 6, 2013, the payment order was served on the Plaintiff on September 6, 2013 and became final and conclusive around that time. [The fact that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 3 through 6 and 13, and the purport of the whole

2. The parties' assertion and judgment

A. The plaintiff's assertion.