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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. A. Around February 1998, the Plaintiff’s birth D entered into a lease agreement with the Defendant on the condition that the Defendant will lease approximately 18 square meters of the second floor resting restaurants of the second floor among the buildings owned by the Defendant (hereinafter “the instant lease agreement”) from March 1, 1998 to February 1, 2001, and the lease deposit amount shall be KRW 25 million, respectively (hereinafter “the instant lease agreement”). Around that time, the Plaintiff’s lease deposit was fully paid to the Defendant with the Plaintiff’s funds, etc.
B. D operated a car page from the leased object of this case to E, but discontinued around October 29, 199, and subsequently failed to receive a refund of the lease deposit from the Defendant even after the termination of the lease contract of this case.
C. On November 24, 2003, the Defendant prepared and delivered to the Plaintiff a cash custody and loan certificate (Evidence A 1; hereinafter “the instant loan certificate”) in the attached Form stating that KRW 15 million out of the lease deposit amount of KRW 25 million under the instant lease agreement will be repaid until March 31, 2004, and KRW 10 million will be repaid until April 10, 2004. The leased object of the instant lease was delivered to the Defendant around that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 5, the purport of the whole pleadings
2. Determination:
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff KRW 25 million and damages for delay in accordance with the loan certificate of this case.
B. As to the Defendant’s assertion, the Defendant does not have borrowed KRW 25 million from the Plaintiff, and since the lessee of the instant lease agreement was D, the Plaintiff does not have the right to claim the return of the lease deposit. The Defendant concluded the instant lease agreement and concluded it with the her husband, who was aware of the Plaintiff’s her husband and was well aware of it.