A. On July 12, 2011, Defendant B leased real estate listed in the attached list of public rental housing owned by the Korea Land and Housing Corporation (hereinafter “instant apartment”) at KRW 85 million as lease deposit.

(hereinafter “instant lease agreement”). B.

Defendant C introduced the instant apartment house to the Plaintiff on October 2015, and the Plaintiff entered into a sublease contract (hereinafter “instant sublease contract”) with a deposit for sublease of KRW 95 million with respect to the instant apartment as to the instant apartment.

C. The Plaintiff paid KRW 95 million to Defendant C. On December 5, 2015, Defendant C issued a promissory note with the face value of KRW 95 million, which is the same amount as the deposit of the instant sub-lease contract, to the Plaintiff on the same date as the deposit of the instant sub-lease contract, and issued a notarized bill on December 28, 2015.

The instant lease agreement was terminated on May 19, 2017 by the lessor’s notification of termination of the Korea Land and Housing Corporation.

[Evidence] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, and 6, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion (1) (1) The Plaintiff entered into a sub-lease contract with the Defendant C, who is authorized to act on behalf of the Defendant B, and the sub-lease contract of this case is terminated by the delivery of a copy of the complaint of this case.

Therefore, Defendant B is obligated to return 95 million won of the sublease deposit to the Plaintiff simultaneously with the delivery of the instant real estate from the Plaintiff.

② Even if Defendant C did not have the authority to conclude the instant sub-lease contract on behalf of Defendant B, Defendant C shall be deemed to have indicated the granting of the right of representation by granting the instant apartment lease contract to Defendant C. As such, Defendant C shall be held liable as an expression agent under Article 125 of the Civil Act.

Even if not, Defendant B ratified Defendant C’s act of unauthorized Representation.

(2) Preliminary compensation for damages caused by tort.