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1. The Defendant Limited Partnership Company C’s KRW 56,170,462 as well as its annual interest from May 28, 2015 to September 30, 2015.
Reasons
1. Facts of recognition;
A. On May 22, 2012, Defendant B sold approximately 493 square meters to D, Seosan-si, and D decided to newly build a collective housing on the said site. Defendant B filed an application for a construction permit for a collective housing under the name of “F”, and Defendant B entered into a contract with Defendant Limited Partnership C (hereinafter “Defendant C”) on the new construction of a collective housing under the name of Defendant B.
B. Defendant C subcontracted part of the new construction work of a multi-family housing to G, and G requested the Plaintiff operating H to lease the temporary site, and the Plaintiff, who is likely to be entitled to the payment of the temporary site rent, demanded that G enter into a contract under the name of Defendant B, the owner of the building.
C. Since August 30, 2013, G requested Defendant C to prepare a contract in the name of Defendant B on temporary lease. around August 30, 2013, Defendant C transferred to G the temporary re-lease agreement in which the lessee and Defendant C entered as a joint and several surety and the seal of Defendant B was affixed, and G delivered it to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 4, witness D's testimony, purport of whole pleading
2. Determination as to the claim against the defendant B
A. As to whether Defendant B entered into a temporary re-lease agreement with the Plaintiff, in light of the following: (a) appraiser I has appraised that the number of the seals in Defendant B’s name in the temporary re-lease agreement differs from that in Defendant B’s personal seal impression; (b) there is insufficient evidence to acknowledge that Defendant B entered into a temporary re-lease agreement with the Plaintiff; and (c) there is no evidence to acknowledge otherwise.
Meanwhile, the Plaintiff asserts to the effect that, as Defendant B delegated all the authority regarding the construction of a building to Defendant B, the authority to conclude a temporary re-lease agreement is also delegated. However, the Plaintiff delegated Defendant B with the authority to file a building permit and conclude a contract with Defendant C.