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Reasons
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(영문) 서울중앙지방법원 2016.07.21 2016가단18058
약정금
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1. The Defendant’s KRW 60,000,000 and the Plaintiff’s annual rate of KRW 5% from April 14, 2016 to July 21, 2016.

Reasons

1. According to the evidence No. 1-3 of the basic facts, the Plaintiff entered into a lease agreement with the Defendant, representing the Korea-China Housing Development Co., Ltd. on September 15, 201, with respect to the lease term of Jongno-gu Seoul Jongnodong 615 (hereinafter “instant housing”) from September 30, 201 to September 29, 201, and the lease deposit of KRW 60,000,000.

2. The Plaintiff asserts that the Defendant is obligated to pay KRW 60,000,000 to the Plaintiff, on December 26, 2013, which was three months after the expiration date of the above lease agreement, as the Plaintiff promised to return the lease deposit as an individual’s status according to the internal relationship with the Korea-China Housing Development Corporation.

The defendant asserted that the lease contract was not reasonable since it entered into with the power of delegation from Korea-China Housing Development Corporation.

3. According to the reasoning of the judgment below, as to the instant housing on December 26, 2013, which was three months after the termination of the said lease contract, a lease contract between the Plaintiff and the Defendant was concluded between the Plaintiff and the Defendant as to the instant housing on December 26, 2013, and between December 26, 2013 and December 25, 2014, and the said lease contract stipulated under the said lease agreement that the Defendant entered into a contract on behalf of the lessor.

According to this, the defendant first concluded a lease contract on behalf of Korea-China Housing Development Co., Ltd. and then entered into the second lease contract with the lessor after the above lease term expires. Even if the special contract is stipulated as a substitute for the lessor, he/she shall be deemed as having entered himself/herself in the column of the lease contract and shall be held liable for the return of the lease deposit after the second lease term expires.

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