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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) with KRW 8,462,460.
Reasons
1. Basic facts
A. Nonparty C is a real estate intermediary who was requested by the Defendant to mediate the lease of real estate listed in the separate sheet owned by the Defendant (hereinafter “instant apartment”).
B. On September 8, 2012, C entered into a false statement to the Defendant that “I wish to rent the instant apartment at KRW 20 million, monthly rent of KRW 1 million,” and received the Defendant’s seal, etc. from the Defendant.
C. On September 8, 2012, C: (a) concluded that the Plaintiff, who was found to rent the instant apartment, was entrusted with the authority to conclude the instant apartment contract by the Defendant; (b) concluded a lease agreement with the Defendant that “the Plaintiff shall lease the instant apartment from the Defendant for a fixed period of two years from September 17, 2012 to September 16, 2014; and (c) signed the Defendant’s seal that the Defendant received in advance from the Defendant on the said lease agreement; and (d) ordered the Plaintiff to transfer the lease deposit to the bank account in the name of Nonparty E.
The Plaintiff deposited the full amount of the lease deposit with the account in the name of E before and after the date of the above contract.
E. Meanwhile, around September 18, 2012, the Plaintiff moved into the instant apartment and removed it on or around June 19, 2015, and C pretended to lease the instant apartment without delivering the said lease deposit received from the account of E to the Defendant, and paid to the Defendant the monthly rent of KRW 1,00,000 per month from September 28, 2012 to September 27, 2014.
F. C is a criminal fact, such as forging and exercising a lease contract under the name of the Defendant, and is currently pending trial in Changwon District Court Decision 2014Da481, 1019, 1274, 1534 (combined), 3242 (Joint), 2015 Godan617 (Joint), and 1675 (Joint).
【Ground of recognition” includes all of the facts with no dispute, Gap 1, 2, and Gap 8 through 10.