1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The counterclaim of the Defendant (Counterclaim Plaintiff) brought at the trial shall be dismissed.

1. Basic facts

A. The Defendant leased the instant building from the Public Official Pension Service, the deposit of KRW 56,810,00 on May 4, 2009, and the period from May 4, 2009 to May 3, 201. On May 4, 2011, the deposit was renewed to increase to KRW 65,330,00, and the period was determined from May 4, 201 to May 3, 2013.

B. On the other hand, on April 29, 201, the credit transaction agreement was made to the effect that the Defendant was granted a loan of KRW 45 million from MSS Mutual Savings on May 3, 201, the credit term expiration date of the credit term, KRW 13.5% per annum until the expiration date of the interest term, and the interest interest rate of KRW 23.5% per annum to 25.5% per annum (hereinafter “instant loan agreement”).

In addition, around April 29, 2011, in order to secure loan obligations under the loan agreement of this case, the Defendant made a contract for the transfer and takeover of a claim for security of lease deposit (hereinafter “transfer contract of this case”) with the content of transferring the claim for the refund of lease deposit under the lease agreement of this case on May 4, 2009 to the MS Mutual Savings (hereinafter “the transfer contract of this case”). On May 6, 201, the Defendant made a notice to the effect that the Defendant notifies it to the Public Official Pension Service.

C. After doing so, MSS Mutual Savings transferred the above lease deposit claim to a new credit information company, and notified the Public Official Pension Service. The new credit information company transferred the above lease deposit claim to the Plaintiff, and then notified the new credit information company to the Public Official Pension Service on November 1, 201 after transferring the above lease deposit claim to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1 and the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts based on the determination as to the cause of the claim, the lease agreement dated May 4, 201 was terminated on May 3, 2013.

Therefore, in order for the Plaintiff, the assignee of the above lease deposit claim, to claim the performance of the claim, the intention of the Defendant, the lessee, should be implemented simultaneously.