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(영문) 수원지방법원 2020.04.22 2019가단559787

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 27,00,000 as well as the full payment from March 26, 2020.


1. Basic facts

A. On November 7, 2018, the Plaintiff was the owner of the building listed in the separate sheet (hereinafter “the instant officetel”), and entered into a business consignment agreement (hereinafter “the instant business consignment agreement”) with C (a personal entrepreneur) to entrust C with rental-related business regarding the instant officetel, and to receive deposit amounting to KRW 5 million, monthly rent, KRW 550,000 (hereinafter “instant business consignment agreement”).

On the same day, the Plaintiff drawn up a power of attorney (hereinafter referred to as “the power of attorney of this case”).

B. Meanwhile, the Defendant concluded a contract with C to lease the instant officetel from the Plaintiff during the period from January 28, 2019 to January 27, 2020, by setting the lease deposit amount of KRW 30 million, monthly rent of KRW 300,000 (monthly payment), and the lease term of the instant officetel from January 28, 2019 to January 27, 2020.

(hereinafter “instant lease agreement”). C.

The Plaintiff paid KRW 30 million to C’s account until January 28, 2019, and resided in the instant officetel upon delivery.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, and 3, Eul 1, 2, 3, and 5, and the purport of the whole pleadings

2. Judgment on major issues

A. In light of the following circumstances as to the Plaintiff’s assertion that the instant lease agreement is null and void as a contract concluded without the power of representation, the instant lease agreement is deemed valid for the Plaintiff as a contract concluded by C on behalf of the Plaintiff legally.

1) ① Under the instant sales consignment agreement, the instant sales consignment agreement provides to the effect that “the Plaintiff shall be entrusted with all leased-related affairs, including rental-related affairs, payment of rents during the rental guarantee period, receipt and management of rental deposit money, and management of lease contracts (form of a contract), and such affairs shall be exercised under the Plaintiff’s name (see Articles 1(2) and 2, respectively).”