임차보증금 반환
1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim).
1. The following facts of basic facts do not conflict between the parties, or evidence Nos. 2 through 5 [the defendant's assertion that Gap evidence No. 2 (Lease Contract) was forged, but it is reasonable to deem that the act of affixing a seal on the basis of the intention of a legitimate agent was conducted in light of the following circumstances (Article 358 of the Civil Procedure Act). Thus, the authenticity of the entire document is presumed to have been established. Accordingly, the defendant's assertion cannot be accepted)'s statement and the whole purport of arguments.
On January 2, 2013, D represented by the Defendant entered into a monthly rent contract (hereinafter “instant monthly rent contract”) with the Plaintiff from January 5, 2013 to January 4, 2014, which stipulates that the lease deposit shall be KRW 3,20,000,000,000,000, and the lease term shall be converted to the previous two-month period from January 5, 2013 to January 4, 2014, with respect to the portion on the ship (the exclusive use area is 27.42 square meters; hereinafter “instant house”).
B. On April 22, 2013, D, under the name of the Defendant, drafted a studio charter agreement (hereinafter “instant lease agreement”) that stipulates the lease deposit amount of KRW 40 million and the term of lease from April 22, 2013 to April 21, 2015 with respect to the instant housing (hereinafter “instant lease agreement”).
2. Determination on the main claim
A. The instant lease contract concluded by Plaintiff 1D on behalf of the Defendant was terminated on April 21, 2015, and the Plaintiff delivered the instant house to the Defendant on May 19, 2017. As such, the Defendant is obliged to pay the Plaintiff the lease deposit amount of KRW 40 million and the damages for delay.