A. C is the owner of Changwon-si Dtel E (hereinafter “instant officetel”), and F is a licensed real estate agent, and the Defendant is a mutual aid contractor who entered into a mutual aid agreement (1.0,000 won for the mutual aid period from November 8, 2017 to November 7, 2018) with a content that compensates the transaction party for property damage where FF incurred property damage by intention or negligence in the course of real estate brokerage.

B. F and G conspired, despite the fact that G had not been delegated with the authority to conclude the instant officetel lease agreement (the lease on a deposit basis) by C, as if it were an agent entrusted with the said authority, and by deceiving the Plaintiff, on February 9, 2018, the Plaintiff and the instant officetel entered into a two-year lease agreement with respect to the instant officetel, and acquired KRW 300,000,000, which is a part of the deposit, by transfer.

C. Meanwhile, on the other hand, on January 22, 2017, F made the instant officetel deceiving C to enter into a lease agreement of KRW 1 year, deposit amount of KRW 5,000,000 per annum with H Co., Ltd., and KRW 350,000 per rent, with respect to the instant officetel on January 22, 2017, and the Plaintiff’s account.

After remitting the balance of KRW 55,00,000,000 as stated in the subsection, it was returned from C as if it was an error remittance.

On August 20, 2018, the Plaintiff filed a lawsuit against C seeking the return of KRW 55,000,000 (the Changwon District Court 2018da114610). In that lawsuit, a voluntary mediation was established to the effect that “C shall pay KRW 30,000,000 to the Plaintiff by April 30, 2019, and KRW 36,50,000,000, in total, until February 11, 2020.”

【Ground for recognition】 Each entry of evidence Nos. 1 through 10, 12 through 15, and 17, and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is a mutual aid business operator of F, and barring special circumstances, the plaintiff shall be KRW 18,500,000,000, which is claimed by the plaintiff out of KRW 55,000,000, which was acquired by F.