beta
Text
1. The Defendant’s KRW 32,00,000 as well as 5% per annum from May 28, 2019 to November 20, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant, as the owner of the real estate listed in the attached list (hereinafter “instant real estate”), delegated all of the lease-related duties, including lease-related duties to C (the representative D; hereinafter “C”) regarding the instant real estate, payment of rent during the guarantee period, deposit money and management, lease deposit money, lease deposit and selection, lease and management, and lease management (the preparation of a contract).
B. On May 9, 2016, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with C on behalf of the Defendant as to the instant real estate, setting the lease deposit amount of KRW 32,000,000, KRW 280,000 per month, and the lease term of KRW 280,000 per month, from May 28, 2016 to May 27, 2017, and around that time, paid KRW 32,00,000 as the lease deposit.
C. The instant lease agreement expired on May 27, 2019 after renewal, and the Plaintiff delivered the instant real estate to the Defendant on May 27, 2019.
[Ground for recognition] A, Gap evidence Nos. 1-6, Eul evidence Nos. 1-4 [Defendant's assertion that the part in the defendant's name was forged, but the defendant granted C a comprehensive power of representation as to the lease of the real estate of this case, as examined below, and C is determined to have affixed a seal under the above comprehensive power of representation and affixed it to the defendant's name from among the evidence No. 2], Eul's testimony and the whole purport of pleading
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant granted C the comprehensive power of representation on the lease of the real estate of this case. Thus, the lease contract of this case and the payment of the plaintiff's deposit for lease of this case shall have the effect on the defendant.
Therefore, the Defendant’s return of the lease deposit following the termination of the instant lease agreement to the Plaintiff KRW 32,00,000 and the Plaintiff’s real estate in this case.