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(영문) 수원지방법원 2013.07.26 2012가단38625

임대차보증금

Text

1. Defendant C and D: (a) Defendant C and D each Plaintiff KRW 85,00,00,000; and (b) Defendant C from August 17, 2012; and (c) Defendant D’s September 2012.

Reasons

1. Basic facts

A. On March 24, 2010, Defendant C entered into a lease agreement with the Plaintiff on behalf of Defendant B, setting the lease deposit amount of KRW 85,000,000, and the term of lease from April 23, 2010 to April 23, 201 (hereinafter “instant lease agreement”). Defendant B entered into a lease agreement with the Plaintiff on behalf of the Plaintiff, setting the lease deposit amount of KRW 85,00,000,000 and KRW 719,00,000,000, which are owned by the Plaintiff.

B. On April 24, 2010, the Plaintiff transferred the lease deposit to the account under the name of Defendant B (National Bank G) and thereafter resided in the instant building from that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion (1) Defendant D legally conferred the power to conclude a lease agreement on the building of this case from Defendant B, and Defendant C had been delegated the power to act again from Defendant D and concluded the instant lease agreement with the Plaintiff as a sub-agent of Defendant B.

(2) Even if there is no legitimate power of representation against Defendant D, the conclusion of the instant lease agreement by Defendant C as a sub-agent constitutes an expression representation beyond the authority after the extinguishment of the right of representation pursuant to Articles 129 and 126 of the Civil Act, and thus, Defendant B is liable by the said expressive representation.

(3) Defendant B not only received a transfer of the lease deposit under the instant lease agreement to his own account, but also did not raise any objection to the Plaintiff’s use of the instant building during that period. This is an implied ratification of the instant lease agreement.

(4) Accordingly, Defendant B is obligated to refund the lease deposit to the Plaintiff as the lessor of the instant lease agreement.

B. (1) First, we examine whether Defendant D had legitimate power of representation to conclude the instant lease agreement.

(A) A witness H.