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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The purport of the plaintiff's assertion
A. On March 2, 2013, the Plaintiff, the Defendant’s agent, leased the lease deposit of KRW 20 million with respect to KRW 4,00,000 and KRW 20,000 from March 2, 2013 to March 1, 2014. Since the lease contract (hereinafter “instant lease contract”) expired, the said lease contract expired, the Defendant is obligated to pay the Plaintiff the lease deposit of KRW 20,000 and delay damages.
B. Even if the Defendant did not grant C the right of representation regarding the conclusion of the instant lease agreement, the Defendant: (a) allowed C to use his/her seal or her own seal; or (b) granted C to enter into a contract for building construction works with respect to the instant building (hereinafter “instant building”); and (c) did not withdraw the indication of the granting of the right of representation by recovering the seal prior to the conclusion of the instant lease agreement; (b) therefore, the Defendant is liable under each provision of expression agency under the Civil Act, in accordance with the instant lease agreement.
2. Determination
A. We examine whether the Defendant granted C the right of representation to enter into the instant lease agreement, as follows: (a) written evidence No. 1, and evidence Nos. 1 through 6 (including serial numbers; hereinafter the same shall apply), and each of the following circumstances acknowledged by the purport of the entire pleadings, namely, ① on February 25, 2012, the Defendant sold to C the purchase price of the instant building at KRW 1.2 billion (hereinafter the “instant purchase agreement”) and KRW 1.2 billion (no later than December 31, 2013, 2000,000,000,000 won for the purchase price of the instant building (hereinafter the “instant purchase agreement”); and (b) the Defendant did not complete the registration of ownership transfer until March 2013, 2013 because it was not paid any remainder.