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1. As to the Plaintiff’s KRW 70,000,000 and KRW 50,000 among them, Defendant C shall be from February 15, 2008, and KRW 20,000,00.
Reasons
1. Basic facts
A. On November 12, 2007, the registration of ownership transfer was completed in the name of the Plaintiff on the ground of sale on September 30, 2007, with respect to the building of reinforced concrete on the ground of Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City E-gu, and the building of brick 2.35 square meters (hereinafter “instant housing”).
Article 1 [Deposit and Time for Payment] Deposit 70,00,000, down payment 7,000,000 won shall be paid and received at the time of the contract and the balance 63,00,000 won shall be paid and paid on February 15, 2008.
Article 2 [Duration] To the lessee by February 15, 2008, the delivery shall be made until February 14, 2010.
Matters of special agreement
2. The cancellation shall be made in the state of creation of a right to collateral security (the maximum amount of claims 51,600,000 won) with theH bank prior to any balance; and
4. The remaining portion of the power of attorney and one copy of the seal impression shall be given to the lessee if the Plaintiff was not the owner.
b. 5. On behalf of the Plaintiff, Defendant C Acting for the Plaintiff.
Around January 4, 2008, the lease agreement between Defendant C and G was drawn up in the name of the Plaintiff and G that made the Plaintiff a lessor with the following contents:
C. By February 14, 2008, G paid KRW 50,000,00 to Defendant C with a lease deposit, and on February 22, 2009, remitted KRW 19,997,00 to the deposit account under the Plaintiff’s name (IFJ).
On March 4, 2009, the Plaintiff remitted 19,997,000 won to K’s husband L, and L transferred 20,003,00 won to Defendant C on March 6, 2008.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4 through 7, Eul evidence Nos. 1 (including those with serial numbers), the result of the extension of financial transaction information to M Co., Ltd., the purport of the whole pleadings
2. The parties' assertion
A. The Defendants concluded a lease agreement with G without the Plaintiff’s delegation and received KRW 70,000,000 from G without the Plaintiff’s consent, and did not deliver it to the Plaintiff, thereby gaining profit equivalent to the above amount without any legal grounds. The Plaintiff suffered loss to the Plaintiff.