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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
A. 3,000.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On June 20, 201, the Plaintiff entered into a lease agreement with the Defendant, setting the lease term of 2 years with respect to the C Apartment Nos. 101 and 1101 on the 11st floor of Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter “instant apartment”) and had resided in the instant apartment from around that time.
B. On June 20, 2013, the Plaintiff entered into a lease agreement with the Defendant by setting the deposit amount of KRW 70,000,000 for the instant apartment, KRW 1,500,00 for monthly rent, and KRW 1,500 for monthly rent, and the rent payment period on the 20th day of each month (payment of rent incurred from June 20 to June 19, 201), and the lease period from June 20, 2013 to June 19, 2014).
(hereinafter referred to as the “former Lease”). C.
Upon the termination of the instant lease agreement, the Plaintiff’s wife entered into a lease agreement on behalf of the Plaintiff with the Defendant on June 20, 2014, with the same content as the instant lease agreement, from June 20, 2014 to June 19, 2016. The deposit, monthly rent, and monthly rent are the same as the instant lease agreement.
(This means the lease contract specified in section 2-b (b) of this case (hereinafter referred to as this case’s lease contract).
Although the Plaintiff paid the monthly rent to the Defendant by August 19, 2014, the Plaintiff did not pay the monthly rent by asserting that the lease contract between the Plaintiff and the Defendant was terminated.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. Determination on the main claim
A. (1) The Plaintiff is not effective since the instant lease agreement was concluded by D without the power of representation. The period of June 19, 2014 terminated. Since the Plaintiff notified the termination of the instant lease agreement around November 2014, the lease agreement between the Plaintiff and the Defendant was lawfully terminated. Accordingly, the Defendant was paid to the Plaintiff.