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. The parties' assertion

A. The Plaintiff’s assertion 1) On behalf of the Defendant on June 10, 2011, the Plaintiff entered into a sales contract with the Defendant to sell “C” goods supplied by the Defendant on behalf of the Defendant at Seoul Seocho-gu, Songpa-gu, Yangcheon-gu, Sungnam-si, Chungcheongnam-si, and Goyang-si (hereinafter “instant sales contract”).

(2) The sales contract of this case was terminated due to a problem in goods. On August 2, 2011, the Plaintiff acquired the claim for refund of deposit (hereinafter “instant claim for refund of deposit”) from B due to the termination of the sales contract.

3) Therefore, the Defendant is liable to pay to the Plaintiff the remaining deposit amount of KRW 8,00,000 and delay damages therefor. (b) The Defendant’s assertion is not the Plaintiff but the Plaintiff is not a party to the instant sales contract, and there is doubt as to whether the Plaintiff properly acquired the claim for refund of the instant deposit from B, and the Defendant is unable to be informed of the assignment of the claim from B, and thus, it cannot be asserted against the Defendant.

It is insufficient to recognize that the defendant consented to the transfer of the above security deposit claim, and there is no other evidence to acknowledge it.

Therefore, the Plaintiff failed to meet the requirements for setting up against the assignment of nominative claim under Article 450 of the Civil Act with respect to the transfer of the claim to refund the instant deposit, and the Plaintiff’s assertion premised on such requirements is without merit to further examine the remainder.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is this.