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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. On January 12, 2017, after the first instance court served a copy of the complaint, notice of date for pleading, etc. on the Defendant by public notice, and the pleading was conducted, the judgment in favor of the Plaintiff was rendered on January 12, 2017, and the original copy of the judgment was also served on the Defendant by public notice, and it is evident that the Defendant perused the case records of the first instance court on April 27, 2017 and filed an appeal on May 2, 2017.
Therefore, since the defendant was aware of the fact that the judgment of the court of first instance was served by public notice at the time of inspection of the records of the case, the appeal of subsequent completion filed within two weeks from that time is lawful.
2. The plaintiff's assertion and judgment
A. On June 2, 2008, the Plaintiff’s assertion: (a) on the lease of 401 (hereinafter “instant building”) from the Defendant on June 2, 2008, the Plaintiff leased the C building 401 (hereinafter “instant building”) as a deposit amount of KRW 40 million; (b) on June 30, 2016, the lease deposit was terminated, but only KRW 20 million was returned.
Therefore, the defendant is obligated to pay the remaining 20 million won and delay damages to the plaintiff.
B. The judgment is based on the following circumstances (or facts) which are acknowledged by comprehensively considering the various statements in the evidence No. 1, No. 1, No. 1, No. 2, No. 4, and No. 5 and the testimony of witness D of the party trial: ① Defendant and D (the owner of the building in this case, as the defendant's wife) operated the Taekwondo hall in the building in this case, and employed the plaintiff as a joint principal offender on June 2, 2008 (hereinafter "the first lease contract in this case"), and thereafter the plaintiff operated the joint principal house in the building in this case; ② With respect to the first lease contract in this case, with the term "the plaintiff set forth the deposit money of this case from the defendant on June 2, 2008, KRW 40 million, KRW 100,000, KRW 300,000,000,000,000."