The judgment of the first instance shall be modified as follows:

The defendant is jointly with the co-defendant D of the first instance trial and is from the plaintiff.

1. Basic facts

A. The reasoning for this part of this Court is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, since it is identical to the reasoning for the judgment of the court of first instance, except for any further use or addition as follows.

(However, the part corresponding only to D which is separated from the first instance court shall be excluded).

1) Part 1 in which we write or add “Defendant B” is used as “Defendant B”, and “Defendant D” is used as “D”. 2) The part between Defendant D and Defendant D is written as follows.

[1] The defendant's evidence Nos. 7 (Lease Contract) and No. 8-1 (Delegation Contract) and No. 7 are identical to the evidence No. 2, and the evidence No. 8-1 are identical to the first evidence No. 3.

Since each seal affixed to the defendant's name is affixed with a forged seal, each of the above evidence can not be used as evidence.

However, according to the result of the appraiser I's appraisal of the first instance court's stamp image, it is recognized that the stamp image of the defendant's name affixed with Gap's No. 8-1 (a delegation letter) is based on the defendant's seal imprint, and thus, the authenticity of Gap's No. 8-1 (a delegation letter) is presumed to have been established, and each statement of Eul's No. 15, 18, and Eul's No. 21-25 (including a stamp number) is insufficient to reverse the above presumption.

In addition, even if D, without the Defendant’s consent, affixed a Korean seal affixed to the Defendant’s certificate Nos. 7 (Lease Contract) and affixed a seal, according to the Defendant’s letter No. 8-1 (Delegation Clause), the Defendant delegated all his/her authority regarding the lease contract of the instant real estate to D. Thus, it is reasonable in light of the empirical rule to deem that the Defendant was granted implied consent and delegation without the explicit consent regarding the preparation of a lease agreement, a detailed statement necessary for the process and the ancillary seal and sealing. Therefore, the authenticity of the evidence No. 7 (Lease Contract) is formed.