계약금반환 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On April 28, 2018, the Plaintiff, through the brokerage of Nonparty C, concluded a lease agreement between D and the Defendant’s mother acting for the Defendant, as to the lease deposit amounting to KRW 80 million, monthly renting KRW 1.3 million, and the lease period from May 31, 2018 to May 30, 2020, with respect to the Non-Party E-One Parcel Building G (hereinafter “instant building”).
B. On the same day, the Plaintiff paid a down payment of KRW 5 million to the Defendant, and the remainder of KRW 75 million was paid on May 31, 2018. The lease agreement (hereinafter “former lease agreement”) written upon entering into the said lease agreement includes a special clause, which states that the documents regarding D’s right of representation shall be delivered before the remainder payment is made, and the remainder payment may be advanced in consideration of the Plaintiff’s circumstances, and even after the application for a new name agreement that was in progress by the Plaintiff is completed, the Plaintiff shall not prepare a new contract.
C. After that, on May 23, 2018, the Plaintiff re-established a lease agreement to change the lease period from May 23, 2018 to May 22, 2020, under an agreement with the Defendant, for the front equipment as of May 23, 2018.
(hereinafter referred to as “a lease contract after amendment,” and a lease contract entered into including the process of such amendment is referred to as “instant contract”).
The Plaintiff intended to obtain a deposit for lease on a deposit basis under the instant contract, and H Bank demanded a letter of delegation, personal seal impression, and a pledge on a deposit for lease on a deposit basis for a deposit for lease on a deposit basis.
Therefore, although the Plaintiff requested the Defendant to consent to the establishment of a pledge on the right to return the lease deposit, the Defendant rejected the request, and the Defendant stated that “the delegation and ratification of the lease contract” are limited to the use of the certificate of personal seal impression issued by the Defendant to the Plaintiff on May 10, 2018.
E. The plaintiff.