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(영문) 청주지방법원 2018.06.26 2016가단111409
임대차보증금
Text

1. The Defendant (Counterclaim Plaintiff) joints with the Plaintiff (Counterclaim Defendant) regarding KRW 9,00,000 and its amount from March 30, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On January 12, 2014, the Plaintiff entered into a lease agreement with the H of the G real estate located in the Chungcheongnam-gu, Chungcheongnam-gu, the Defendants’ power of attorney, certificate of personal seal impression, and identification card as to the building D and E owned by the Defendants during the period from January 19, 2014 to January 18, 2016.

B. The Plaintiff, upon the expiration of the term, ordered the said building to the Defendants, but received only KRW 31,00,000 out of the security deposit.

[Reasons for Recognition] Each entry (including paper numbers) in Gap evidence 1 to 8, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that H is an authorized representative or expressed representative of the defendants, and the defendants asserted that H did not enter into a lease agreement with the plaintiff and concluded a lease agreement with H as an employee of the real estate brokerage office.

B. In full view of the overall purport of the arguments in the statement No. 6-1 to 3 of the evidence No. 6-1, it is recognized that the Defendants, upon preparing the power of attorney in the future of G real estate, granted the proxy authority to “I confirm that all the powers concerning the lease contract of the above building (the I Ground Building) are delegated to G real estate.” Therefore, it is reasonable to deem that the Plaintiff, as an employee of G real estate, concluded the instant lease agreement with H that represented by the Defendants.

3. According to the facts found in the judgment on the claim of the principal lawsuit, the instant lease contract was terminated on January 18, 2016 and the said building was also ordered. Thus, barring any special circumstance, the Defendants are obligated to return the remainder of KRW 9,000,000 among the deposit for the instant lease contract to the Plaintiff, barring any special circumstance.

4. Determination on a counterclaim

A. From January 13, 2014 to January 13, 2016, the Plaintiff occupied the building D and E owned by the Defendants without permission, thereby causing damage to the Defendants in terms of 8,789,000 won.

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