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1. The Defendant (Counterclaim Plaintiff) is from 50,000,000 to 50,000 won from the Plaintiff (Counterclaim Defendant) on the attached list from January 12, 2019.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On May 2, 2018, the Plaintiff, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) entered into a business consignment agreement with D, which, under the name of “C”, has completed business registration for real estate lease management business, the Plaintiff delegated all business related to the lease of the instant real estate to “C”, and “C” entered into a business consignment agreement with “C” under the name of the Plaintiff, which stipulates that “C” shall pay KRW 10,000,000 and KRW 70,000 per month to the Plaintiff (hereinafter “instant business consignment agreement”).
B. On May 3, 2018, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, setting the lease deposit amount of KRW 50,000,000, monthly rent of KRW 180,000, and the lease period from May 12, 2018 to May 11, 2019 (hereinafter “instant lease agreement”).
C. On April 20, 2018, the Defendant remitted KRW 50,000,000 in total to the account entered in the deposit account under the instant lease agreement, and KRW 50,000,000 in total, on May 12, 2018, as deposit money, and received the delivery of the instant real estate.
【Nos. 1 and 2 (No. 1. The plaintiff asserts that the plaintiff’s seal affixed to the plaintiff’s evidence No. 2 (Evidence No. 1) is a forged document because it is not by the plaintiff’s seal, but by the plaintiff’s seal, Gap’s evidence No. 2 (Evidence No. 1) is a forged document. However, as seen below 2-b. 2-2, the plaintiff delegated Eul with all authority related to the conclusion of the lease contract of the real estate of this case. D is determined to have made the plaintiff’s seal and affixed the plaintiff’s seal to Gap’s evidence No. 2 (Evidence No. 1) based on the above authority received from the plaintiff. Thus, Gap evidence No. 2 (Evidence No. 1) is acknowledged to have made the plaintiff’s seal and affixed the plaintiff’s seal to Gap evidence No. 2 (Evidence No. 1).