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1. The plaintiff's main claim is dismissed.
2. The Defendant: (a) KRW 110,000,000 for the Plaintiff and its related expenses on March 29, 2017.
Reasons
1. Facts of recognition;
A. On July 26, 2012, C entered into a lease agreement with the Defendant, setting the deposit amount of KRW 120,000,000, and the lease period from July 31, 2012 to July 30, 2014, with respect to the D Apartment No. 101, Dong 1003 (hereinafter “instant apartment”) in the Seo-gu, Seo-gu, Seo-gu, Seoan-gu, Incheon (hereinafter “instant apartment”), and resided in the instant apartment, after paying the deposit of KRW 120,00,000 to the Defendant.
At the time, E obtained the power of representation for the conclusion of the above lease contract from the defendant and concluded the above lease contract as the representative of the defendant.
B. On October 25, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with E, named as the Defendant’s agent, setting a deposit of KRW 110,000,000 for the instant apartment as well as the lease period from November 3, 2014 to November 3, 2016.
With the consent of E, the Plaintiff paid KRW 11,00,000 to the licensed real estate agent F who arranged the instant lease agreement on the same day, and paid KRW 10,000,000 by remitting the down payment to the passbook in the name of F on October 26, 2014 following the following day (= KRW 10,000,000,000).
C. On November 3, 2014, the remaining date of the remainder, the Plaintiff and E agreed to pay C the remainder of KRW 99,000,000 (i.e., KRW 110,000,000-11,000,000) to C. Accordingly, the Plaintiff wired KRW 99,00,000 to the passbook in the name of C on the same day.
After that, the plaintiff resided in the apartment of this case.
Around August 18, 2016, the Defendant entered into a lease agreement on the apartment of this case with G and received KRW 200,000,000 as security deposit.
E. Although the instant lease agreement terminated on November 3, 2016, the Plaintiff failed to return the deposit, the Plaintiff filed an application for the right to lease on November 10, 2016 for the order of lease registration with the Daejeon District Court Decision 2016Kao682, and filed for the registration of the right to lease on the instant apartment on November 10, 2016, and again filed for the registration of the right to lease from C around March 16, 2017.