임차보증금반환 등 청구의 소
1. The plaintiffs' claim against the primary defendant is dismissed.
2. Preliminary Defendant amounting to KRW 80 million for the Plaintiffs.
1. Basic facts
A. On October 6, 2015, the conjunctive Defendant entered into a lease agreement with the Plaintiffs regarding EF in the event that the primary Defendant owns the EF in the name of the primary Defendant.
B. The Plaintiffs paid KRW 80 million to the Defendant as the preliminary lease deposit.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. Determination:
A. The plaintiffs claim against the primary defendant asserted that the primary defendant is the party to the above lease agreement, or the primary defendant is obligated to pay the above lease deposit to the plaintiffs according to the ratification of the unauthorized representation and the legal principles of express representation.
On the other hand, the evidence submitted by the plaintiffs alone that the primary defendant granted the right of representation under the above lease agreement to the primary defendant.
or ratified the act of unauthorized Representation.
It is difficult to view that the expression representation was established in the above lease contract, and there is no other evidence to acknowledge it. The plaintiffs' claim against the primary defendant is without merit.
B. As to the claim against the conjunctive defendant, the conjunctive defendant deceivings the plaintiffs and concluded the above lease contract under the name of the primary defendant to obtain compensation for damages against the above amount. Since the conjunctive defendant did not appear on the date of pleading without submitting a written response, it is deemed that the confession was made as to the above cause of claim. Thus, the conjunctive defendant is obligated to pay to the plaintiffs the above KRW 80 million and the amount with 15% interest per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from June 22, 2017 to the date of complete payment, which is the day following the delivery of a copy of the complaint of this case, to the day of complete payment.
3. The plaintiffs' claims against the primary defendant are dismissed as it is without merit, and the claims against the primary defendant are accepted as reasonable.