1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The defendant is a certified judicial scrivener, and the co-defendant C of the first instance court is a defendant's co-defendant who has served as the head of the certified judicial scrivener office operated by the defendant.

B. From March 17, 2014, the Plaintiff confirmed that “70 million won is deposited as all necessary expenses for the transfer of ownership of the real estate D (hereinafter “instant real estate”) in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul (hereinafter “instant real estate”). On March 26, 2014, the Plaintiff received a written confirmation stating “the refund agreement (hereinafter “instant return agreement”) and paid KRW 70 million to C.

The confirmation of this case contains the defendant's name, cell phone numbers, and the address of a certified judicial scrivener office, and the defendant's seal is affixed thereto.

C. On April 11, 2014, the Defendant filed an application for ownership transfer registration under Article 37158 of the Incheon District Court’s receipt of the instant real estate, and the same year.

5. 1. Withdrawal of the application for registration; C returned KRW 10 million to the Plaintiff on June 11, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, Eul evidence Nos. 3 and 4, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion 1) Since C, who received the power of representation from the Defendant, entered into the instant return agreement, the Defendant is liable to the Plaintiff based on the said return agreement. Even if the Defendant did not grant the power of representation to C regarding the conclusion of the instant return agreement, the Defendant is liable to the Plaintiff for the expression agency under Article 125 of the Civil Act since it indicated the power of representation to C, and even if not, it can be deemed that C ratified the act of unauthorized Representation, and thus, the Defendant is liable pursuant to the instant return agreement. 2) As the Defendant is the employer of C, the Defendant is liable to compensate the Plaintiff for damages equivalent to the unclaimed amount of deposit due to the tort regarding the performance of the business by C, based on the employer’s liability under Article 756

(b).