beta
(영문) 대전지방법원천안지원 2019.04.24 2018가단7326

임대차보증금반환

Text

1. The defendant shall pay 50,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

A. The instant lease agreement is effective against the Defendant.

The lease contract of this case was terminated upon the expiration of the term.

Therefore, the Defendant is obligated to refund the lease deposit to the Plaintiff under the instant lease agreement.

B. The Defendant asserted that the Defendant granted D the right of representation to enter into a lease agreement with respect to each of the houses of this case, which is entitled to monthly rent, and did not confer the right of representation to enter into a lease agreement with no monthly rent.

However, although D did not receive the power of representation from the Defendant, it concluded the instant lease agreement with the Plaintiff without any monthly taxation. Thus, the instant lease agreement has no effect against the Defendant.

3. Determination

A. The chief executive officer on the validity of the instant lease agreement

1. H in Seo-gu, Seo-gu, Seo-gu, the location of the building and address;

2.The owner of the building (B) shall delegate (D) the following information:

* In full view of the purport of the entire pleadings as to the preparation of the contract and the down payment, the balance, and the monthly rent settlement * All the affairs of the settlement of directors * the repair of buildings and the entrusted affairs 2 and 3-2 of the evidence No. 1 of the evidence No. 1-3, the Defendant attached his/her seal impression to the “agent” column of the power of attorney stating the following (hereinafter “the power of attorney of this case”) on June 20, 2016 and attached a certificate of personal seal impression issued by the Defendant himself/herself on May 17, 2016 to the power of attorney of this case. D may recognize the fact that at the time of entering into the instant lease agreement, the power of attorney of this case delivered by the Defendant and the Defendant’s personal seal impression presented to the Plaintiff at the time of entering

Comprehensively taking into account the following circumstances, ① the duties delegated by the Defendant to D are not limited to the conclusion of a lease agreement with the terms of monthly rent, and ② the letter of delegation of this case, stating that the duties delegated by the Defendant to D are duties delegated by the Defendant to D, is written as a lease agreement.