임대차보증금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On January 7, 2007, the Plaintiff’s assertion entered into a lease contract with C, an agent of the Defendant, which leases a lease deposit of KRW 27 million with the term of lease deposit of KRW 57.15 square meters (hereinafter “instant building”) from among the above buildings D, E, and F, Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”) and the term of lease from January 13, 2007 to January 12, 2009. The Plaintiff demanded the Defendant to return the deposit money several times after the said term of lease expires.
Therefore, the lessor is obligated to return the lease deposit to the Plaintiff as the lessee.
2. The facts that the Plaintiff prepared a lease contract of KRW 27 million for the instant building between the Defendant’s agent, who was the Defendant’s agent during the second half of 2008, and paid KRW 27 million to C may be acknowledged by taking account of the absence of any dispute between the parties, or the entries in the evidence Nos. 2 and 4, and the witness’s testimony and arguments.
However, there is no dispute between the parties as to whether C was authorized to enter into a lease agreement on the building of this case with the Defendant and receive the deposit money, but the following stamp image after the Defendant’s name stated in Nos. 8 (Delegation Form) is based on the Defendant’s seal. Meanwhile, comprehensively taking account of the entries in Nos. 2, 4, 8, and witness C and the testimony in No. 8 (Delegation Form) and witness C, C deliver to H the name manager of the building of this case by stating the part excluding the delegating column of No. 8 (Delegation Form). After that, I is necessary for the actual purchaser of the building of this case to smoothly deal with the affairs receiving compensation and special right of sale from G around November 206, and after obtaining the Defendant’s seal imprint and a certificate of seal imprint, the Defendant’s seal imprint was affixed with the Defendant’s seal imprint No. 8 (Delegation Form), and after obtaining the Defendant’s seal imprint through H and the Defendant’s seal imprint No. 8 (Delegation Form).