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1. All of the plaintiff's claims are dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1 to 5, the statements in Eul evidence 1 to 4, the fact inquiry results with respect to Han foreign exchange banks in this Court, and the whole purport of oral arguments.
The Defendants leased (401) No. 10,000,000, monthly rent of KRW 800,000, monthly management expenses of KRW 70,000, and the rental period of KRW 70,000, from August 19, 2009 to August 18, 2011, to D on July 29, 2009.
(hereinafter referred to as “the lease of this case”) B.
D has forged a rental contract stating the false rental deposit amounting to 30,000,000 won with respect to the instant lease, and on July 19, 2010, upon borrowing money from the Plaintiff, deceiving the Plaintiff as the rental deposit amounting to 30,000,000 won, and transferred to the Plaintiff the claim for refund of the rental deposit amounting to 30,000,000 won without the consent of the Defendants for the security of the said monetary lending and lending, and around July 26, 2010, notified the Defendants of the said transfer.
C. On September 27, 2010, the Defendants returned KRW 5,300,00,000, which is the balance after deducting the rents, etc. unpaid from the instant rental deposit, to D.
However, while entering into the lease of this case, the Defendants and D agreed that the lessee may not transfer the right of lease or provide it as security without the consent of the lessor.
2. The assertion and the judgment were received from D a claim for the refund of the security deposit against the Defendants under the lease of this case, and D notified the Defendants of the above transfer on July 26, 2010, the Defendants returned KRW 5,300,000 to D on September 27, 2010, after receiving the notification of the transfer, after deducting the rent, etc. unpaid from the above security deposit. Since the obligor cannot oppose the assignee due to the repayment made to the transferor after receiving the notification of the transfer, the Defendants are the assignee.