1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. H entered into a loan agreement with the Defendants on October 17, 2016, and on October 31, 2016, H borrowed 18 million won per annum from the Defendants at an interest rate of 27.9% per annum.

B. In implementing a joint loan as above, the Defendants entered into a contract with H to acquire the claim for return of KRW 40 million from the said lease deposit (hereinafter “the instant lease contract”) on the following grounds: “The Plaintiff, lessee, H, and the Government of the subject matter of lease: (a) part of the second floor (J); (b) lease deposit amount of KRW 40 million; and (c) from October 31, 2015 to October 30, 2017, the lease term of which was far prior to the conclusion of the instant lease contract on the instant building, the subject matter of the instant lease contract; and (d) the said lease contract entered into an agreement with H to acquire the claim for return of KRW 40 million,000,000,000 from the said lease contract.”

C. On November 4, 2016, Defendants (hereinafter “Defendant”) sent notice of the assignment of claims to the Plaintiff and reached the Plaintiff on November 7, 2016.

On November 18, 2016, the Defendant: (a) called the Plaintiff on November 18, 2016, and asked the Plaintiff whether the instant lease agreement was concluded and whether the lease deposit was remaining; (b) the Plaintiff respondeded to the purport that “Although the existence of KRW 40 million exists for the conclusion of the instant lease agreement and the repayment obligation of the lease deposit, there is no money to be returned, since there exists a separate claim to be received from H.”

[Reasons for Recognition] Facts without a partial dispute, Eul's evidence Nos. 1, 2, Eul's evidence Nos. 1 through 7, Eul's evidence No. 1 to 5, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is irrelevant to the fact that the Plaintiff concluded the instant case lease agreement with H.

Even if it is necessary to pay a large amount of debt by being omitted to the Hahn Jh Park, it is necessary to use the loan of this case to forge the lease contract of this case and pay money from the defendants.