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(영문) 서울고등법원 2020.01.09 2018나2070814

보증금반환

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the acceptance of the written judgment by the court of first instance are the same as the reasons for the written judgment by the court of first instance, except where the written judgment or the judgment is added as follows. Thus, they are quoted by the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a)Nos. 9 through 13 of the judgment document of the first instance shall be conducted in the following manner:

4) In full view of the facts and circumstances acknowledged prior to the determination of the balance of the lease deposit under the instant lease agreement, or the following facts and circumstances acknowledged by the aforementioned evidence, it is reasonable to affirm the agreement between D and D on June 3, 2016, which received KRW 170,000,000 from the Plaintiff and D representing the Defendants, on the remainder of the lease deposit amount under the instant lease agreement to be paid by the Defendants to the Plaintiff.

On the other hand, as shown above, Gap evidence Nos. 16 (Guarantees) is not recognized to have the authenticity, and it is acknowledged that Eul's certificate No. 16 (Guarantees) is the defendant Eul's certificate, but the defendant Eul voluntarily affixed the defendant Eul's certificate No. 16 with the signature of the defendant Eul's certificate. According to the testimony of the first instance court witness T, i.e., the defendant Eul's seal held in his custody, affixed the defendant Eul's certificate No. 16 with the signature of the defendant Eul's certificate, and the non-examination is recognized, the above evidence defense is justified, and the above evidence No. 16 is not recognized to have the authenticity.

The testimony of the witness of the first instance court and the second instance court cannot be admitted as evidence, and T is a person who has attempted to perform various duties of the plaintiff for several years from the year 2014 when he worked as a certified judicial scrivener office, and it is difficult to believe that it is not consistent with the contents of the testimony of the plaintiff's friendship with the plaintiff, and the remaining evidence submitted by the plaintiff alone lacks counter-proof.

A person shall be appointed.

(b) Written judgment of the first instance court shall consist of the 10th parallels 8 to 9th parallels as follows:

② The Plaintiff