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1. The Defendant’s KRW 18,040,00 for the Plaintiff and KRW 5% per annum from December 29, 2019 to January 30, 2020, and the following.
Reasons
1. Facts of recognition;
A. On March 9, 2018, the Defendant entered into a business consignment agreement (hereinafter “instant business consignment agreement”) with D, which stipulates that the Defendant shall entrust D with all of the leasing-related affairs, such as the collection and management of deposit money for the buildings listed in the separate sheet (hereinafter “instant building”), lessee color and selection, and management of the lease contract (the preparation of the contract), and D shall conduct the entrusted business under the name of the Defendant, but shall pay the Defendant deposit amount of KRW 5,00,000 and KRW 650,000 per month with the guarantee money.
B. On March 9, 2018, the Defendant prepared and issued to D a power of delegation to delegate authority related to the lease of the building of this case, such as lease-related affairs, payment of rent during the lease guarantee period, collection and management of lease deposit money, lessee's physical color and selection, publicity of lease, management of lease contract (form of contract), etc., and issued a certificate of personal seal impression issued by the Defendant himself/herself.
C. On May 15, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 280,000, between May 22, 2018 and November 22, 2019.
In the power of attorney drawn up by the Defendant with D as its consignee, the deposit and monthly deposit account was stated as “AC.” At the time of entering into the instant lease agreement, the said account was stated in the contract as the deposit account for lease deposit, and the Plaintiff wired the total amount of deposit for lease to the said account, and occupied the instant building on December 28, 2019, and transferred the instant building to the Defendant on December 28, 2019.
E. From April 22, 2019 to November 22, 2019, the Plaintiff paid the monthly rent to the Defendant under the instant lease agreement.