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1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 20% per annum from January 20, 2015 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. On June 2010, the Plaintiff: (a) provided KRW 34 million from B, a representative of the Defendant, to another person; (b) drafted a lease agreement under the name of the Defendant to rent KRW 520,000 to the Plaintiff monthly rent; and (c) deposited KRW 34,00,000 into the account under the name of the Defendant; and (d) subsequently, around April 2013, the Plaintiff requested the Plaintiff to pay KRW 5,20,000 to B, who did not pay the said KRW 34,000,000 per month as agreed upon; and (e) around January 6, 2014, B drafted a lease agreement under the name of the Defendant, stating KRW 35,500,00 as a security deposit.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 2, and 3 (including branch numbers, if any) and the purport of the whole pleadings
B. According to the above facts of recognition, it is reasonable to view that B prepared a lease contract in which the Defendant stated KRW 35 million in the name of the Defendant as a security deposit for lease was agreed to pay KRW 35 million including the monthly rent that was not paid by the Plaintiff during the period. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay of KRW 20 million per annum from January 20, 2015 to the date following the delivery date of the copy of the instant complaint as requested by the Plaintiff.
2. Judgment on the defendant's assertion
A. First of all, the defendant alleged that the above B forged the power of attorney and seal imprint without the defendant's permission and prepared the above lease agreement with the plaintiff, and thus, the obligation to pay money based on the lease agreement does not have effect on the defendant. However, the defendant's defendant's employee who is in charge of management of the defendant, entered into a lease agreement on the building in Cheongju-si, and collected the lease deposit and monthly rent.