1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 19, 2014, C leases the real estate listed in the separate sheet (hereinafter “instant building”) from the Defendant as KRW 70 million, the lease deposit amount of KRW 24 months from September 30, 2014, and KRW 700,000 from the rent month (hereinafter “the lease of this case”); and thereafter, C pays the above lease deposit to the Defendant and resides in the instant building from that time to the date of closing argument.

B. On October 15, 2015, C jointly and severally guaranteed the obligation to return the lease deposit of this case to the Defendant after receipt of the deposit (50 million won) from D (C’s mother) on the Plaintiff. In order to secure the obligation, C transferred the right to return the lease deposit of this case to the Plaintiff.

C. On September 2, 2016, the Plaintiff sent to the Defendant a written notification to the effect that, upon the expiration of the foregoing assignment of claims and the term of the above lease, the remainder after deducting the overdue loan from the overdue loan is paid as of September 30, 2016, the Plaintiff sent the notice to the Defendant by content-certified mail, but the mail was returned.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5

2. Assertion and determination

A. 1) The Plaintiff asserts that the term of the lease of this case expires on the premise that the delivery of the copy of the instant complaint to the Defendant should substitute for the fact of transfer of the claim for return of the lease deposit and the claim for return of the lease deposit. As such, the Defendant is obligated to pay KRW 34.4 million out of the lease deposit of this case (C’s guarantee bond amount - D’s unpaid deposit amount) to the Plaintiff, the assignee of the instant claim. 2) The Defendant did not receive the notice of the assignment of the instant lease, and thus, the Plaintiff’s claim is unfair. 2) After the conclusion of the instant lease of this case, the Plaintiff returned the lease deposit amount of KRW 30 million out of KRW 70 million, and the deposit amount of KRW 30 million between C and February 7, 2015, and concluded the modified contract (hereinafter “instant amendment”).