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1. The plaintiff
A. Defendant C shall pay KRW 50,000,000 and a rate of 15% per annum from December 26, 2016 to the date of full payment.
Reasons
1. The following facts may be acknowledged in light of the overall purport of the arguments as to Gap evidence No. 1-1, No. 2, Gap evidence No. 2, and Eul evidence No. 3, and there is no counter-proof.
Defendant B is a person registered as a licensed real estate agent who operates the E Licensed Real Estate Agent Office located in Si-si, and Defendant C is a building manager who is delegated by F with the authority of F to conclude a lease contract for each room of the multi-family house located in Gu in Si-Sari-si, which is the vicarious execution of the lease contract, to collect rent, down payment and monthly rent deposit, and to manage the building.
B. Around October 1, 2015, Defendant C concluded a lease agreement with the Plaintiff, and if the Plaintiff concluded a lease agreement with each of the above multi-family housing room KRW 35 million and paid each of the above KRW 35 million to F, Defendant C proposed that Defendant C should sublet the rent at the monthly rate and pay each of the above KRW 35 million to F.
C. On October 1, 2015, the Plaintiff completed each lease agreement (hereinafter “each of the instant lease agreements”) with Defendant C on the condition that the Plaintiff shall lease each of the instant subparagraphs 203 and 403 of the said multi-family house (hereinafter collectively referred to as “each of the instant real estate”) by setting the lease deposit amount of KRW 35 million, and the lease term of KRW 1 October 2017 (hereinafter referred to as “each of the instant lease agreements”). The Plaintiff wired the total amount of KRW 75 million (35 million) to Defendant C’s account.
However, Defendant C had already leased each of the instant real estate to another, and even upon receiving the above lease deposit from the Plaintiff, it did not have the intent or ability to make monthly payments to the Plaintiff by subleting each of the instant real estate to another, and Defendant C embezzled without paying each of the above lease deposits received from the Plaintiff.
E. Meanwhile, according to each of the instant lease agreements, the lessor is the above F, and the Defendant B’s office of the E Licensed Real Estate Agent was written as the broker, and Defendant B’s seal is affixed thereon.