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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On May 8, 2017, the Plaintiff entered into a lease agreement with the Defendant to lease a building listed in the separate sheet (hereinafter “instant building”). Since the Defendant was in arrears in paying monthly rent, the Plaintiff sought to deliver the building to the Defendant, at the same time, the balance after deducting the amount of monthly rent from the lease deposit to the name city from May 8, 2017.
2. Determination
A. The Defendant’s mother, who is a representative of the Defendant on May 2017, entered into a lease agreement with C to lease the instant building with a deposit for KRW 30 million, monthly and KRW 2.5 million, and the lease term for a period from May 8, 2017 to 24 months (A1). The Defendant’s mother, who is a representative of the Defendant on July 2017, who is referred to as the Defendant’s agent, partially adjusted the deposit and monthly rent of the said lease agreement with C, the instant building is leased for a period from July 27, 2017 to 24 months, and the lease agreement with the Defendant’s mother, who is referred to as the Defendant’s agent, shall be deemed to have been concluded on the condition that the instant building is leased for the period from July 27, 2017 to the terms of a special agreement, and if the first floor permission for business was concluded on the first floor, the lease agreement shall be deemed to have been concluded within three months (hereinafter the same).
B. However, the Defendant asserts that C did not confer the power of representation on behalf of the Defendant. The Plaintiff bears the burden of proving that C had the power of representation to conclude a lease contract on behalf of the Defendant. However, it is not sufficient to recognize the Plaintiff’s bank account transferred to the Plaintiff account in the name of the Defendant, and there is no other evidence to prove that C had the power of representation on behalf of the Defendant.
Rather, the lease contract prepared by the plaintiff by specifying C as his agent is written only by C's mobile phone number in both the tenant's and his agent's column.