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(영문) 대전지방법원 2018.08.21 2016가단28887
임차보증금반환
Text

1. The primary Defendant is KRW 36,732,060 and the interest rate of KRW 15% per annum from March 3, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 6, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to (301) multi-family houses on the ground, Seo-gu, Daejeon Special Metropolitan City (hereinafter “instant building”) with a lease deposit of KRW 80 million and the period of lease of KRW 24 months from the last day of June 2014, and the lessor entered into such lease agreement with the primary Defendant and his/her agent as the primary Defendant.

B. On June 30, 2014, the Plaintiff, upon entering into the instant lease agreement, remitted the remainder of KRW 75 million to a deposit account in the name of the primary Defendant and paid all the deposit money. Around that time, the Plaintiff began residing with the order of the instant building, and obtained the fixed date of the instant lease agreement on July 17, 2017.

C. However, the entire multi-family house, including the instant building, was sold to F after voluntary auction to Daejeon District Court E, and the Plaintiff ordered F on March 2, 2017, and received dividends of KRW 43,267,940 as the rent for the fixed date in the said voluntary auction procedure.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5, 7, 8, 9 (including paper numbers), and the purport of the whole pleadings

2. The assertion;

A. The plaintiff's assertion against the primary defendant and the primary defendant's assertion that the primary defendant entrusted the right to lease the building of this case to the primary defendant, and the primary defendant represented by the primary defendant concluded the lease contract of this case with the plaintiff. Thus, the primary defendant is obligated to pay the plaintiff 36,732,060 won out of the deposit deposit and damages for delay to the plaintiff as the lessor of the building of this case. Even if the primary defendant did not delegate the right to lease the building of this case to the primary defendant, the expression representative under Article 125 of the Civil Code is established or ratified by the permission or implied consent for the use of his own name to the primary defendant or by the conjunctive defendant's unauthorized representative.

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