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(영문) 서울중앙지방법원 2019.07.17 2018나70143
각서금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

Reasons

1. Basic facts

A. The Plaintiff: (a) around January 29, 2016, to C (hereinafter referred to as “instant company”); (b) around January 29, 2016, to rent and manage rent of KRW 10 million per month; and (c) around January 29, 2016, to rent and manage rent of KRW 5 stories and KRW 335.54 square meters on the ground of the Seoul Gangnam-gu F building.

3. Around November, 190-15 square meters on the ground of the above building were leased to KRW 15 million per month for rent and management expenses (hereinafter “the lease of this case”).

B. As to the payment of the rent in arrears for the lease of this case, the Plaintiff promised to pay the rent in arrears (70,498,560 won) to the Plaintiff as follows, and to accept any legal measures taken by the Plaintiff if the payment is not made. On November 30, 2017, the payment note stating “30,000,000 won on the date of payment of the first unpaid rent, and the date of payment of the last unpaid rent, 40,498,560 won on December 31, 2017 (hereinafter “instant payment note”) was written as of October 25, 2017. The title holder of the instant payment note is the Defendant, and one copy of the Defendant’s personal seal impression and resident registration certificate, and one copy of the Defendant’s resident registration certificate are attached.

C. From December 29, 2017 to June 8, 2018, the Plaintiff received 20,000,000 won out of the overdue rent of the instant lease from the Defendant, and the Plaintiff still remains in arrears of KRW 50,498,560.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. In a case where it is recognized that the seal affixed to the relevant legal doctrine document is a stamped seal by the seal affixed to the name holder, barring any special circumstance, the establishment of the seal imprint shall be presumed to have been made based on the will of the name holder, i.e., the act of affixing the seal is presumed to have been made, and once the authenticity of the seal is presumed to have been made pursuant to Article 358 of the Civil Procedure Act, so the person who asserts that the document has

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