As the contract term of this case expires, the Plaintiff received the deposit of KRW 5 million on July 7, 2014, KRW 5 million on March 23, 2015, and KRW 10 million on a total.

【Ground of recognition】 In the absence of dispute, Gap 1, 2, 5, and 6, the defendant is obligated to pay to the plaintiff 30 million won unpaid deposit (=40 million won - 10 million won) and 5% per annum prescribed by the Civil Act from March 10, 2014 to February 23, 2017, the delivery date of the original copy of the payment order in this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

2. Judgment on the defendant's assertion

A. As to this, the Defendant asserted that the instant wedding hall is a legal entity, and the Defendant acquired the obligation to return the deposit under the instant contract by D (hereinafter “D”) and the Plaintiff also consented thereto and was paid the amount taken over several times from D. Thus, the Defendant did not have the obligation to return the deposit to the Plaintiff.

B. In a case where a third party assumes an obligation under a contract with the debtor, it takes effect with the consent of the creditor (Article 454(1) of the Civil Act). There is no evidence to deem that D obtained the consent of the plaintiff in accepting the obligation to return the deposit under the contract of this case under the contract with the defendant, and it can be deemed that D had received the consent of the plaintiff on a multiple occasions as argued by the defendant.