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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. On November 12, 1998, the Defendant: (a) around 1998, deposited 110 square meters in Seoul, Mapo-gu, H, I, and J ground-based storage; (b) deposited 260,000,000,000 won in deposit; and (c) deposited 300,000,000 won in deposit and monthly rent; and (d) deposited 40 square meters in the first-class factory on K ground; and (c) deposited 40,000,000 in deposit and 30,000,000 in the second-class office on K ground-based storage at KRW 5,00,00 in deposit and 30,000 in monthly rent; and (d) each lease period at KRW 300,000,00 in deposit and each of the above deposits was leased to the Plaintiff on November 12, 199 (hereinafter referred to as “each of the above lease”).
[Plaintiff’s assertion to the effect that only the first lease of this case was entered into between the Defendant and that there was no entry into a contract for the second or fifth lease of this case, but the document, which is a disposal document submitted by the Plaintiff himself, is the document as evidence Nos. 13-2 through 5 (Evidence No. 8 or 11 of this case).
(B) Each description or each description of this case, if exclusion from the lease of this case 2 to 5, the plaintiff's representative director L (Evidence B No. 12), the certificate of promissory notes (Evidence B No. 13) and the payment plan (Evidence B No. 14) are difficult to explain the grounds for the settlement of the lease deposit amount of KRW 192,425,00.
Around April 12, 2005, the Defendant applied for the instant payment order against the Plaintiff to seek the refund of KRW 192,425,000, out of the instant lease deposit and the payment for delay damages, and issued the instant payment order around April 15, 2005. The instant payment order was served on the Plaintiff on or around May 18, 2005, and it became final and conclusive around June 2, 2005 due to the Plaintiff’s lack of objection.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 3, 8, 13, Eul evidence Nos. 1, 7 through 11, respectively.