1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 10, 2013, C entered into a contract with the Defendant for lease of KRW 50 million, monthly rent of KRW 2.5 million, and the lease term from December 12, 2013 to December 31, 2015 (hereinafter “instant lease contract”). At that time, C paid the Defendant the lease deposit amount of KRW 50 million.

B. B. On November 26, 2014, C entered into a contract with the Plaintiff to transfer C’s claim of KRW 47,382,090, out of KRW 50,000,000 against the Defendant (hereinafter “instant lease deposit claim”), and notified the Defendant of the instant transfer of claim on the same day, and the said notification was delivered to the Defendant on November 27, 2014.

C. On the other hand, on October 30, 2014, the Defendant sent to C, on November 30, 2014, a content-certified mail containing a declaration of intent to terminate the instant lease agreement on the grounds of unpaid rent at least twice, and on the other hand, on December 2, 2014, the same month.

9. C, even though it was agreed that the right under the instant lease agreement could not be transferred, in violation of this agreement, sent to the Plaintiff, a certified mail containing an expression of intent to terminate the instant lease agreement on the ground that C transferred the claim to return the lease deposit.

Around February 2015, the Defendant returned KRW 43,847,340 to C, deducting rental fees and management expenses, and received delivery of the instant warehouse from C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. On November 26, 2014, the Plaintiff received the claim for refund of the lease deposit of this case from C, and notified the transfer of the claim, and the Defendant received the delivery of the warehouse of this case upon termination of the instant lease agreement.