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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
The defendant of the claim shall claim 32 million won against the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff intended to lease KRW 33 million and cash storage certificate receipt 1) the Plaintiff prepared and delivered a cash storage certificate (Evidence 2 and 3,000,000,000 won to the Plaintiff on the same day, stating that “The Defendant, as the head of Jongno-gu Seoul District Office, should deliver money to D under the first contract,” and accordingly, remitted KRW 33,00,000 to D’s account on February 1, 2013. 2) that “The Defendant received KRW 4,00,000 and intermediate payment KRW 24 million” in the name of the Defendant.
B. On April 17, 2013, the Plaintiff entered into a lease agreement and terminated of the contract, and entered into a lease agreement with F on April 17, 2013, to pay KRW 100 million to F on the ground of the E-building, KRW 500,000 per month, and the period from April 17, 2013, and KRW 10,000,000 as the down payment was paid to F on the date of the contract, and KRW 30,000 as the intermediate payment was paid to F on April 30, 2013. On the date of the contract, the lease agreement was concluded to pay KRW 10,000 to F on May 27, 2013.
2) After the lapse of a lease agreement due to the issue of ordinary management expenses and the non-payment of intermediate payments, etc., the Plaintiff was refunded the down payment amount of KRW 10 million from the lessor. (c) On August 8, 2013, the Defendant issued a cash storage certificate to the Plaintiff on the following grounds: “The Defendant promised to return KRW 24 million and KRW 32 million to the Plaintiff up to August 30, 2013, and agreed to accept any punishment when the promise is not complied with; and (d) the Plaintiff filed a criminal complaint against the Defendant around August 2017, against whom the Defendant did not return money as specified in the said cash storage certificate. The Defendant was indicted for criminal charges against the Defendant on the following criminal facts, and the Seoul District Court’s decision became final and conclusive on July 26, 2018 (Seoul District Court Decision 201Da121381, May 21, 2018).