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(영문) 인천지방법원 2019.12.24 2018나57813

약정금

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. Quotation of the first instance judgment

A. The grounds for appeal by the Plaintiff do not differ significantly from the assertion in the first instance court, and even if the evidence presented in the first instance court was presented and the result of the Defendant’s personal examination was presented, in light of the date of reporting the seal imprint affixed to the instant lease agreement, the date of printing the standard contract paper used, the Defendant’s account books, and the party’s assertion expressed in the process of pleading, etc., it is reasonable to view that the instant lease agreement was retroactively prepared on the date of concluding the instant lease agreement, and that the amount of KRW 70,000,000 as stated in the text thereof is different from the actual amount of lease deposit. Thus, it is reasonable to deem that the above lease deposit was written differently from the actual amount of lease deposit, and therefore, the fact finding and judgment by the first instance court which did not accept all claims for settlement or agreed payment, or claims for damages on the grounds of nonperformance by the Defendant.

B. Therefore, the reasoning of this court’s judgment is identical to the reasoning of the judgment of the first instance except for the dismissal as follows. Therefore, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. Each of the second and third shapes 10 and 6 of the judgment of the court of first instance, "the defendant" shall be construed as "the defendant", "the second and third shapes 12 and 13" as "the lease of this case", "the third and seventh shapes 7" as "the lease of this case", "30,79,597 won" of the fourth and fourth parallel 1 as "30,079,597 won", and "this judgment" of the fifth and fifth parallel 5 shall be construed as "the judgment of the court of first instance".

B. The fourth to fourth part of the judgment of the court of first instance is therefore stated.