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1. The Defendant’s KRW 27,00,000 as well as the Plaintiff’s KRW 20% per annum from April 23, 2015 to September 30, 2015.
Reasons
1. Facts of recognition;
A. From the second half of 2008, the Plaintiff entered into a lease agreement (27 million won as lease deposit, and 27 million won as lease deposit) with the Defendant, a self-titled agent of Yeongdeungpo-gu Seoul Metropolitan Government D non-01 (hereinafter “instant building”) owned by C, and around that time, paid KRW 27 million to the Defendant as lease deposit.
B. However, at the time of the conclusion of the lease agreement on the instant building, the Defendant did not have been granted the power of representation regarding the conclusion of the lease agreement and the receipt of the deposit for lease.
C. The Plaintiff requested C to return the lease deposit from around 2013, but C did not grant the right of representation to the Defendant regarding the conclusion of the lease contract of the instant building, and rejected it on the ground that the Plaintiff did not enter into a lease contract with the Plaintiff on the instant building. On August 31, 2015, the Plaintiff handed over the instant building to C on or around August 31, 2015 when the lease deposit was not refunded.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 9, 11, and 14 (including paper numbers), the purport of the whole pleadings
2. According to the facts of recognition as to the Plaintiff’s assertion, the Defendant, as an unauthorized representative, failed to prove the power to conclude the lease agreement of the instant building and without ratification of C, is obligated to pay to the Plaintiff damages equivalent to KRW 27,00,000 as damages equivalent to the lease deposit, as the Plaintiff seeks, 20% per annum of the statutory interest rate under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) from April 23, 2015 to September 30, 2015, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment.
3. The defendant.