1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On March 16, 2012, the Defendant delegated “C Company Representative” D with the authority to “all matters (such as the collection of contract and rent, etc.) concerning the lease of each floor, studio, and commercial building” (hereinafter “instant building”).

B. D suggested that the Defendant enter into a lease agreement with the Defendant on the following grounds: (a) if the Plaintiff entered into a lease agreement of KRW 35,000,000 as the Defendant’s operating funds, and the Plaintiff pays KRW 35,00,000 to the Defendant, the Defendant would make a sublease at monthly rate of KRW 335,000; and (b) the Defendant would make a sublease at monthly.

C. Accordingly, on November 24, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) stating that D, representing the Defendant, and No. 203 of the instant building, KRW 35,000,000, and the term of lease fixed as of November 24, 2017, the Plaintiff leased the instant building (hereinafter “instant lease agreement”). D affixed the Defendant’s seal on the instant lease agreement, and D affixed the Defendant’s proxy and certificate of personal seal impression to the Plaintiff.

On November 23, 2015, the Plaintiff transferred KRW 35,000,000 (hereinafter “instant deposit”) to the D account from November 23, 2015.

D around December 2, 2015, January 2016, and February 2, 2016, the Plaintiff paid each of KRW 335,000 to the Plaintiff three times each, and the contact was interrupted. As a result, the Defendant visited No. 203 of the instant building, it was confirmed that the two lease agreements were concluded twice.

【No dispute over the grounds for recognition】In the absence of dispute, Gap evidence 1 through 6, Eul evidence 1 and 2, witness D’s testimony, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Defendant delegated D with the right to lease the instant building, and the Plaintiff entered into a lease agreement with D, the Defendant’s agent, regarding No. 203 of the instant building.

However, since the defendant violated the lease contract by double leasing No. 203 of the building of this case, the defendant shall pay the plaintiff the lease deposit amount of KRW 35,000,000 and damages for delay.