1. The defendant shall pay 40 million won to the plaintiff and 20% per annum from December 24, 2014 to the day of complete payment.

1. Facts without dispute;

A. B entered into a lease agreement with C on July 15, 2009 on the left-hand side of the first floor of the building located in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant real estate”), which is set as deposit money of KRW 40 million and the period until August 29, 201, and thereafter leased and resided the instant real estate.

B. B on February 8, 2010, transferred to the Plaintiff the claim for the refund of the lease deposit amount of KRW 40 million, which possessed with the lessor C, and notified C of the fact.

Notice of Transfer of Claim for the same year

2. 9.C has reached

C. B continued to reside in the instant real estate upon the renewal of the said lease agreement, and delivered the said real estate to the Defendant on December 13, 2014, upon the termination of the said lease agreement.

On the other hand, as C died on January 11, 2014, the Defendant inherited the real estate of this case and the deceased’s debts related to the said real estate through an inheritance division consultation.

2. Determination

A. If the Plaintiff’s heir is liable to pay the transferred money, the Defendant, who succeeded to the Plaintiff’s obligation to pay the transferred money to the Plaintiff, is obligated to pay the Plaintiff damages for delay calculated at the rate of 20% per annum from December 24, 2014 to the date of delivery of the instant complaint, as claimed by the Plaintiff, as well as from December 24, 2014 to the date of full payment.

B. As to the Defendant’s assertion, the Defendant asserts that, without having consented to the assignment of the above assignment, the Defendant collected KRW 20 million out of the lease deposit as monthly income between B and the deceased C on July 15, 2013, and that, as the Defendant collected KRW 20 million, the lease deposit to be paid to the Plaintiff is KRW 20 million.

However, as long as the above assignment of claim is legally notified to the deceased who had been the debtor, the above assignment shall be regardless of the consent of the deceased.