beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Summary of the plaintiff's assertion
A. On March 26, 2012, the Plaintiff: (a) concluded a lease agreement with C on the auction room exclusively used for women Einna (hereinafter “instant auction room”); (b) around July 14, 2013, and (c) operated the instant private house with C on March 26, 2013; and (d) the Defendant, on behalf of C, managed the instant private house with C and was actually operating the instant private house; and (c) the said lease deposit was paid to the Defendant, the Defendant and C were jointly and severally liable to return the lease deposit amount of KRW 20,000,000 to the Plaintiff.
B. In addition, since November 17, 2011, the Plaintiff suffered damages equivalent to the above lease deposit by allowing the Plaintiff to enter into a lease agreement on the auction room with C without any authority to pay the lease deposit and having the Plaintiff, by deceiving the Plaintiff, even though the Defendant had been operating the instant private house since he had been aware of such fact, and having the Plaintiff enter into a lease agreement on the auction room with C without any authority to refund the lease deposit. Therefore, the Defendant is liable for compensating the Plaintiff.
2. Determination
A. In light of the following facts: (a) there is no dispute as to whether the Defendant has the obligation to return the lease deposit; (b) Gap evidence Nos. 1 through 3, 5 through 7, and 10; and (c) Eul evidence Nos. 1 through 4, 7, and 8 (if any, the number is included; and (d) the entire purport of the pleadings, comprehensively taking into account the following: (a) The first and second floors of the Goyangyang-gu, Seoyangyang-gu, Seoul; (b) the lessee entered into a lease termination contract with respect to the instant friendship on Nov. 17, 201; and (c) C and F are liable for all the liabilities arising from a contract such as the instant letter or the transfer of the right to lease that was concluded during the lease period; and (c) C and C shall assume all the liabilities arising from the lease contract with the lessor F, which was concluded during the lease period.