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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 16, 2012, the Defendant delegated “C Representative” D with the authority to “all matters (such as contract and collection of rent, etc.) concerning the lease of each floor, studio, and commercial building” (hereinafter “instant building”) and designated the transaction account as “New Bank F” in the name of D.
B. D concluded a lease contract on a deposit basis of KRW 35,00,000 with the need for operating funds by the Defendant, the Defendant given a sublease of KRW 335,00 per month to the Plaintiff. Accordingly, D concluded a lease contract on a monthly basis.
C. Accordingly, on February 17, 2016, the Plaintiff concluded a lease agreement with D representing the Defendant, and No. 204 of the instant building, setting the lease deposit of KRW 35,00,000, and the lease term of February 17, 2018.
(hereinafter “instant lease agreement”). D affixed the Defendant’s seal on the lease agreement, and issued the Defendant’s power of attorney and certificate of personal seal impression to the Plaintiff.
However, the Defendant had already leased No. 204 of the instant building in KRW 32,000,000 to G.
【Fact- without a dispute over the grounds for recognition, Gap evidence 1-4, Eul evidence 1-2, the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion delegated D with the right to lease the instant building, and the Plaintiff, a representative of the Defendant, concluded a lease agreement No. 204 with D and the instant building.
(Righting Representation). Even if not, it is not.
Even if the defendant was entitled to the right to lease the building of this case, which is the basic right of representation, and the power of delegation and certificate of personal seal was also granted to D, and since D had been managing the building of this case for a long time, there was a justifiable reason to believe that D had the right of representation.
(Apparent Representation) However, since the Defendant violated the instant lease agreement by leasing the instant building No. 204 to another person, it should pay 35,000,000 won to the Plaintiff and damages for delay.
3. Determination A.