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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 38,800,000, and shall pay the full amount from March 6, 2020.
Reasons
1. Facts of recognition;
A. D and the Plaintiff’s lease agreement (1) The Plaintiff, residing in Ulsan, owned real estate listed in the separate sheet (hereinafter “instant real estate”) and deemed that F, the director of the “E Licensed Real Estate Agent Office”, entrusted the lease of the instant real estate to F, who was in charge of the instant real estate. G, the Plaintiff, who was in contact with F, was leased the instant real estate, was sent to the said brokerage office.
(2) The “F” provided that the lessee was unable to meet the hours due to the circumstances, and that the lessee was already drafted in G. However, the contract was concluded on June 12, 2017; the lessee D, the lessee’s deposit amount of KRW 5 million; and the monthly lease deposit amount of KRW 650,000.
(3) The Plaintiff received 650,000 won monthly monthly payments. From June 2017 to January 6, 2019, the account holder was not D, but Defendant B and I “H” or “HI”. From February 27, 2019 to July 29, 2019, the account holder was not D, and was Defendant B and “I” or “HI”.
(4) The Plaintiff did not deposit the monthly rent in August 2019, and contacted F but did not contact with F. It became known that F was in the state of suspending prosecution by escaping from Japan, and that the instant real estate was residing by the Defendants rather than D.
B. On September 2, 2017, Defendant B entered into a lease agreement under the name of the Defendants and the Plaintiff (1) with respect to the instant real estate owned by the Plaintiff (hereinafter “instant lease agreement”) with the term of KRW 40 million, monthly rent of KRW 300,000,000, and the term of the lease from October 2, 2018 to October 1, 2018 (hereinafter “the instant lease agreement”). The monthly rent was to be deposited into the account of a community credit cooperative (K) in the name of J in advance. The Plaintiff’s seal on the instant lease agreement was sent by the same seal as the seal on the lease agreement between the Plaintiff and D.
(2) Defendant B entered into the instant lease agreement on September 2, 2019 and entered into the following F.