1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Facts of recognition;

A. On July 29, 2009, Defendant C and the Selection B agreed with D that “401 of the building located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul shall not transfer the right of lease or offer the security without the lessor’s consent” (hereinafter “the lease contract in this case”) and that “the lessee (D) shall not transfer the right of lease or offer the security without the lessor’s consent, while concluding the lease contract with the amount of KRW 10,000 of the rent in monthly rent (payment in advance), KRW 70,000 (payment in advance), monthly management expenses, public charges (electric charges, gas charges), public charges (payment in advance), lease period from August 19, 2009 to August 18, 2011.

(Article 3). (b) of the lease contract.

D prepares a rental contract stating that the rental deposit is KRW 30,000,000, with money borrowed from the Plaintiff, and on July 19, 2010, the Plaintiff belonged to the Plaintiff that the rental deposit of the instant lease is KRW 30,000,000, and transferred to the Plaintiff the claim for refund of the rental deposit of KRW 30,000,000 without the consent of the lessor for the guarantee of the said obligation.

D Around July 23, 2010, around July 23, 2010, notified the fact of the assignment of claims to B, a lessor, and the appointed party B was notified on July 26, 2010.

C. D requested the termination of the instant lease agreement on September 2010, the Defendant and the selector, on September 27, 2010, refunded the remainder 5.3 million won (=10 million won - 4.7 million won) after deducting the sum of overdue rent and unpaid public charges (electric and gas charges) from May 2010 from the instant lease deposit (10 million won) to D, and deducting the sum of KRW 4,700,000 from the amount of the instant lease deposit (330,000 won).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 4, fact inquiry results of the court of first instance for Korea Exchange Bank, the purport of the whole pleadings

2. Determination as to the cause of claim

A. One party’s assertion as to whether the claim for the refund of the instant lease deposit can be transferred, ① the Plaintiff received the claim for the refund of the instant lease deposit from D, and thus, the remaining lease deposit remains after deducting the rent, etc. due to the actual lease deposit.