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1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. The costs of appeal shall consist of a principal lawsuit and a counterclaim.
Reasons
1. Basic facts
A. On April 11, 2008, the Plaintiff newly constructed a building listed in the attached Table 1 list (hereinafter “instant building”) and completed registration of ownership preservation in its name.
B. Around August 2008, the Plaintiff delegated H with the authority to conclude a lease contract related to the instant building, to vicariously collect rents, management expenses, etc. with the trade name of “K”.
C. After that, H, while operating the O Licensed Real Estate Agent Office in L, P, and operating the O Licensed Real Estate Agent's License from N, he/she directly or through Q or N, concluded a lease contract related to the building of this case (including the lease contract of this case on behalf of the Plaintiff, rent (including unpaid rent), down payment and monthly rent deposit, etc. (hereinafter "money deposit account") with the Defendant, who is the contracting party to the instant contract, through Q or N, who is an employee, and displayed the power of attorney, such as the power of attorney on August 5, 2008 (hereinafter "the instant delegation of attorney") and the Plaintiff's certificate of personal seal impression, and concluded the lease contract with respect to the instant building in the Plaintiff's name (hereinafter "the instant lease contract of this case"), and the owner of the relevant leased object by delivering the relevant leased object:
However, H falsely reported that the Plaintiff entered into a lease agreement with the same content as the attached list 3, and did not pay all or part of each lease deposit to the Plaintiff.
1) On March 10, 2014, Defendant B and the instant building: (a) determined the lease deposit of KRW 59 million with respect to the No. 1 listed in Attached Table 2 List 1 from among the instant buildings as the period from March 22, 2014 to March 21, 2015 (i) the lease contract was entered into and the down payment of KRW 4 million was entered into on two occasions; and (b) the remainder of KRW 50 million with the instant account on March 22, 2014, respectively.