임대보증금 반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On May 29, 2014, the following lease agreement (hereinafter “instant lease agreement”) was made on the real estate listed in the attached list (hereinafter “instant real estate”).
A lessor: A lessee: The agent of the defendant and the lessor: The agent of the plaintiff: D Licensed Real Estate Agent Office and the representative E: The period of lease of 14 million won: A special agreement for 12 months from June 2, 2014 to June 1, 2015
2. On February 23, 2015, the Plaintiff’s agent C was delegated to the lessor’s agent C to enter into a sub-lease contract, and there is no objection thereto. The Plaintiff is a condition that the lessee (F) is currently residing in, and the Defendant (former agent C) is a condition that the monthly rent of the present lessee is KRW 250,000,000 monthly rent for the Plaintiff as of February 23, 2015.
(A) transfer to the Plaintiff’s account by the date set forth in subparagraph (2)(1).
B. On June 5, 2014, the Plaintiff issued a receipt of KRW 14 million for the instant lease deposit (hereinafter “instant receipt”) from C.
C. On August 22, 2014, the Plaintiff completed the move-in report on the instant real estate, sent to the Defendant a letter verifying the content of the instant lease deposit return on June 2, 2015, and completed the registration of housing lease on September 24, 2015.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 4 through 8, and the purport of the whole pleadings
2. The burden of proving the existence of the power of representation in the determination of the cause of the claim lies on the creditor who asserts the effect of the power of representation.
(See Supreme Court Decision 93Da42047 delivered on February 22, 1994). In full view of the following circumstances acknowledged by the aforementioned evidence, the Plaintiff entered into the instant lease agreement with C representing the Defendant, and the said lease deposit amount of KRW 14 million.