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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 12% per annum from July 2, 2019 to the day of complete payment.
Reasons
1. Determination on the cause of the claim
A. Facts of recognition 1) The Defendant, on January 18, 2017, constitutes the building F of the Seo-gu Northern-gu building E (hereinafter “instant housing”).
(2) On March 22, 2018, the Defendant issued to H a letter of delegation (hereinafter referred to as “the instant letter of delegation”) stating the following, with the Defendant’s seal affixed on the Defendant’s name and affixed the Defendant’s seal on the letter of delegation (hereinafter referred to as “G”).
- Delegation - Proxy - Title - Title 1 of the instant house and E building I, J, K, L: Trade name - The delegated person - The above delegated person - confirm the fact of the lease contract with respect to the said goods, such as lease-related business, payment of rent for the lease guarantee period, deposit money and management, lease deposit, color and selection of lessee, publicity, lease management, lease contract management (form of contract), etc., and delegate the authority related to all the lease-related matters, household inspection and visit to G.
3) On March 22, 2018, the Plaintiff: (a) concluded a lease agreement with H, upon receipt of the instant power of attorney from H on behalf of the Defendant; and (b) concluded that the Plaintiff leases the instant house from the Defendant during the period from March 28, 2018 to March 27, 2019 (hereinafter “instant lease agreement”); (c) the lease agreement that the Plaintiff leases the instant house from the Defendant during the period from March 28, 2018 to March 27, 2019.
(4) Upon concluding the instant lease agreement, the Plaintiff transferred the instant house to the Defendant on March 22, 2018, by transferring KRW 2,000,000, and KRW 48,000,000 on March 27, 2018, to the account in the name of “H (G)” as the deposit account under the instant lease agreement, and received the instant house. The Plaintiff notified the Defendant that he/she did not wish to renew the instant lease on February 25, 2019, and delivered the instant house on May 30, 2019.
【Ground of recognition】 Each entry of evidence Nos. 1 through 4 and 6, and the purport of the whole pleadings
B. According to the above facts of recognition, the defendant granted H the right of representation to lease the house of this case, and the plaintiff, based on his right of representation, is a H and the lease contract of this case.