1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. Basic facts

A. The Defendant delegated D with the authority to sell and lease the officetel in Gyeyang-gu Seoul Metropolitan City (hereinafter “instant officetel”) owned by the Defendant.

B. The Plaintiff and D, around 2012, concluded a contract for the sale of the instant officetels E and F (hereinafter referred to as “the instant officetels”) with the Plaintiff’s delegation, and D agreed to enter into a lease agreement on E and F, and pay the Plaintiff rent.

C. D concluded on April 15, 2014, a lease agreement with the lessor as the defendant and as his/her agent, with the size of KRW 400,000 per month on G and E.

The Plaintiff asserted that “D arbitrarily consumed D without paying to the Plaintiff the rent received from the lessee of heading E and F,” and filed a complaint for embezzlement.

D was convicted on the criminal facts that “after entering into a sales contract with the Plaintiff for the purchase and sale of heading E and F, the Plaintiff agreed to receive the payment of the purchase price in full from the Plaintiff and to grant the right to lease heading and F to the Plaintiff. However, while being kept by the lessee of heading E and F for the Plaintiff, the Plaintiff was embezzled by arbitrarily using the instant officetel as the loan interest, management expenses, etc. of the instant officetel while being kept by the lessee of heading and F for the Plaintiff,” and the said appellate judgment became final and conclusive.

E. The Plaintiff asserted that “D is obligated to pay 3,763,170 won, such as overdue rent, as it agreed to pay the Plaintiff the amount equivalent to the rent for E and F, and that “D is obligated to pay 3,763,170 won, such as overdue rent,” and filed a lawsuit claiming the agreed amount against D as the court No. 2017 Ghana21326.

In the appellate trial of the above lawsuit (2018Na37172), on the ground that “D shall be deemed to have agreed to be liable and paid to the Plaintiff the amount equivalent to the rent of subparagraphs E and F,” D shall be deemed to have agreed to pay the Plaintiff the amount equivalent to the rent of subparagraphs E and F.