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1. The main claim of this case is dismissed.
2. The conjunctive claim of this case shall be dismissed.
3. The costs of lawsuit are assessed against the Plaintiff.
Reasons
1. Basic facts
A. On March 9, 2015, the Defendant acquired the ownership of the real estate listed in the separate sheet (hereinafter “instant real estate”) and entered into a business consignment agreement with the said company on March 11, 2015 with respect to the instant real estate to entrust all of the leasing-related business affairs, including the payment of rent during the lease guarantee period, the deposit money and the management thereof, the lessee’s color and selection, the promotion of lease, and the management of the lease contract (form of the contract).
B. On April 27, 2015, E signed a contract with the above company representing the Defendant to lease the instant real estate as KRW 50 million from the Defendant, from May 16, 2015 to May 15, 2016 during the lease period, and from May 16, 2015 to May 15, 2016 (hereinafter “instant first contract”), and paid the above company KRW 50 million in total as the lease deposit by May 16, 2015.
(A) The first contract in this case was renewed once by the following terms: (a) the period of the lease was extended by one year thereafter.
C. On May 10, 2017, immediately before the expiration of the term of the instant first contract, the Plaintiff entered into a contract for leasing the instant real estate under the same conditions as the instant first contract with C (Representative F) company (the representative director) who referred to the Defendant’s agent.
(hereinafter referred to as “the instant secondary contract”). The terms and conditions of the instant secondary contract stipulate that the instant contract is extended to the instant primary contract, and that the lessee is the contract that changes the lessee from E to the Plaintiff, and that the deposit paid by E shall be paid to the Plaintiff upon the termination of the instant secondary contract.
F. C Co., Ltd., a representative director, is a corporation other than D, a representative director, C.
On the other hand, the F Co., Ltd., a representative director, entered into a contract for business entrustment with respect to the instant real estate to the Defendant around March 11, 2015.