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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The purport of the plaintiff's assertion
A. On March 2, 2013, the Plaintiff, the Defendant’s agent, leased the lease deposit of KRW 20 million with respect to KRW 4,00,000,000 and the lease deposit of KRW 20,000 from March 2, 2013 to March 1, 2014. Since the lease contract (hereinafter “instant lease contract”) expires due to the expiration of the term, the Defendant is obligated to pay the Plaintiff the lease deposit of KRW 20,00,000 and damages for delay.
B. Even if the Defendant did not grant C the right of representation regarding the conclusion of the instant lease agreement, the Defendant: (a) allowed C to use his or her seal, and granted C to use his or her own seal, or (b) granted C the fundamental right of representation, such as allowing C to collect a contract for building works, with respect to the building D ground buildings (hereinafter “instant building”); and (c) did not withdraw the indication of the granting of the right of representation due to recovering the said seal prior to the conclusion of the instant lease agreement; (b) therefore, the Defendant is liable under each provision of expression agency under the Civil Act.
2. Determination
A. We examine whether the Defendant granted C the right of representation to enter into the instant lease agreement, as follows: Gap evidence Nos. 1, Eul evidence Nos. 1 and 1 through 3 (including a serial number; hereinafter the same shall apply); the court of the first instance: the fact inquiry results on the North-Gu Office of the first instance court, Young-gu, Young-gu, and Young-gu Saemaul Depository of the Republic of Korea; and the purport of the entire pleadings; (i) on February 25, 2012, the Defendant sold the instant building to C with the purchase price of KRW 1.2 billion (hereinafter referred to as “instant purchase agreement”); and (ii) on December 31, 2013, the Defendant did not register the ownership transfer to C until March 2013, 201.