보증금반환
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The primary part of the counterclaim extended by the Defendant (Counterclaim Plaintiff) in this court.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On April 29, 2017, the Defendant, the owner of the real estate listed in the [Attachment C] List (hereinafter “instant real estate”) as the owner of the real estate (hereinafter “the instant real estate”), entered into a business consignment agreement with the Defendant Co., Ltd. Co., Ltd. (hereinafter “Corporation C”), with the first instance trial co-defendant Co., Ltd. (hereinafter “corporation C”), under which the Defendant conducts real estate leasing management business on April 29, 2017, on which the Defendant entrusted a corporation with all business related to the instant real estate leasing, and ② a corporation Co., Ltd shall engage in entrusted business under the name of the Defendant, and pay KRW 80,000,000 per month to the Defendant with the guarantee fee for the consignment (hereinafter “instant consignment agreement”).
2) On the same day, the Defendant confirms the fact of the lease contract to C, such as “the lease-related business regarding the instant real estate, the payment of rent for the guarantee period, the collection and management of rent for the lease deposit, the lessee’s physical color and selection, publicity of lease, management of the lease contract (form of the contract), etc., and delegate the authority related to all the matters related to
“The power of attorney (hereinafter referred to as “the power of attorney of this case”) affixed a seal imprint on the letter of delegation with the head of the seal imprint and affixed a certificate and a copy of the identification card issued by the principal.
B. A corporation C was dissolved by a resolution of a general meeting of shareholders on February 14, 2018, and the representative director L was appointed as a liquidator. On February 21, 2018, registration of the dissolution and liquidator was completed.
2) On the other hand, L around June 19, 2017, completed the registration of an individual entrepreneur with the trade name of "K (hereinafter "individual K")" for the purpose of real estate rental management business.
(c)
L, which is the liquidation of a corporation C, is a lease contract between the Plaintiff and the individual K, and L, which is the liquidation of the corporation C, as the defendant’s agent, using the trade name of the individual K, around May 23, 2018. The Defendant’s real estate deposit amounting to KRW 50,000,000, and the tea.