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(영문) 수원지방법원 2017.09.15 2016나19340
임대차보증금반환
Text

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. The reasons for the acceptance of the judgment of the court of first instance are as follows: "The defendant has led to the confession of the fact that the deposit for lease of this case was 25 million won at the date of the first pleading of the judgment of the court of first instance, and cancelled it on the date of the first pleading of the court of first instance, but the evidence Nos. 12 and 14 as to whether the confession was contrary to the truth and due to mistake cannot be admitted as evidence because there is no evidence to prove the authenticity, and the evidence No. 16 cannot be admitted as evidence, and there is no other evidence to prove that the confession No. 16 is difficult to believe, and there is no other evidence to prove it, the above confession cancellation shall not be effective)" is added to "The statement No. 17-1 and 2 of the evidence No. 6 of the judgment of the court of first instance", and Article 420 of the Civil Procedure Act shall be quoted as it is as it is by the main text of the judgment of the court of first instance.

2. The defendant alleged in addition to the portion 7 premium settlement related to the portion 7 premium settlement claimed that the above amount should be deducted from the lease deposit because the plaintiff did not pay the premium of 5 million won. However, the defendant's assertion that the above amount should be deducted from the lease deposit, although it is difficult to believe that the statement of No. 16 was consistent with the defendant's argument, and there is no other evidence to acknowledge it. Therefore

3. The decision of the first instance court is legitimate, and the defendant's appeal is dismissed.

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