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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. Judgment on the plaintiff's claim
A. The following facts can be acknowledged in light of each of the following facts in Gap evidence Nos. 1 through 3 and 8 (including a serial number; the defendant recognized the part of the stamp image affixed to the defendant's name next to the defendant's name under the lease agreement of Gap evidence No. 1; although Eul used the defendant's seal to use the defendant's seal and forged it, some of the witness E of this court's witness evidence of this court is insufficient to recognize it; there is no other evidence to acknowledge it; the defendant's assertion of evidence in this part is without merit) and the whole purport of the argument in the reply of tax information against the director of the tax office
The testimony of the witness E of this Court alone is insufficient to reverse the above recognition, and there is no other counter-proof evidence.
① On June 29, 2012, the Plaintiff concluded a lease agreement between the Defendant and the Defendant with respect to KRW 40,00,000,000, monthly rent, KRW 2,000,000, and the lease period from July 1, 2012 to June 30, 2017 (hereinafter “instant lease agreement”).
② The Plaintiff paid KRW 40,000,000 to the Defendant as a check.
③ The Plaintiff and the Defendant agreed on the instant lease agreement around August 2016, and the Plaintiff removed from the instant store on October 9, 2016 and delivered the instant store to the new lessee.
B. Accordingly, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 30,000,000,000, which remains after deducting KRW 10,000,000 that the Plaintiff had already received from KRW 40,000 of the lease deposit, and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from January 12, 2017 to June 22, 2017, which is obvious in the record that the delivery date of the original copy of the instant payment order is the date of original delivery of the instant payment order, and from June 23, 2017 to the date of full payment.
2. Defendant’s defense
A. The plaintiff is a summary of the defense.