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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. C Co., Ltd. (hereinafter “C”) is the owner of the building in Daegu Jung-gu, and the defendant is the representative director of C.
B. On June 2010, E, which had conducted a sale business, leased Nos. 14, 15, and 16 of D 1st underground floor (hereinafter “instant store”) with a factory room, agreed with the Plaintiff to employ the Plaintiff’s wife F as the president and to operate the guard.
C. Accordingly, on June 15, 2010, the Plaintiff entered into a lease agreement with C on June 15, 2010 on “30 million won (payment of KRW 30 million upon entering into a contract, the balance of KRW 270 million, up to July 20, 2010), monthly rent of KRW 6 million, and the period from September 1, 2010 to August 31, 2012” with respect to the store of this case, but the Plaintiff was unable to open the beauty room due to the lack of the certificate of a beauty artist’s qualification, upon request from G, who is the land owner of F, the Plaintiff entered into the lease agreement with the lessee on September 2, 2010 and the remainder payment period from September 30, 201, to October 1, 2010 to August 31, 201 (hereinafter “the lease agreement”).
E paid only KRW 47 million among the lease deposit to the Defendant, but it was false that the Plaintiff paid all KRW 300 million to the Plaintiff.
E. On August 6, 2010, E, at the C office, prepared a letter of undertaking stating that “E is a contract that voluntarily prepares a lease agreement between the Plaintiff and C on June 15, 2010, and therefore, it is not legally effective, and C shall not be liable for any assertion as the above contract, and the facts pertaining thereto shall be settled by E, a lessee, who is a lessee, shall be held responsible for all obligations.” After indicating at the bottom of the letter of undertaking that “E,” the Plaintiff’s seal in custody following the Plaintiff’s name, affixed his/her own seal affixed thereon, and delivered it to I, the head of C division, along with the certificate of personal seal impression issued by the Plaintiff himself/herself.
F. E around October 2010, the Plaintiff paid 300 million won as the lease deposit to the Plaintiff at the beginning.