1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The plaintiff's assertion and judgment

A. 1) The Plaintiff’s joint Defendant B (hereinafter “B”) of the first instance trial on November 6, 2008

(2) According to the evidence Nos. 1 and 2, the Plaintiff and B, according to November 6, 2008, upon lending KRW 40 million to the Plaintiff, acquired the claim for the refund of KRW 40 million to the Defendant, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 40 million and delay damages. According to the evidence Nos. 1 and 2, the Plaintiff and B, on November 6, 2008, entered into a contract for the transfer and acquisition of the claim for the refund of KRW 40 million to the Defendant’s store located in Pyeongtaek-si D (hereinafter “instant store”) (hereinafter “the claim for the refund of the lease deposit of this case”). On October 30, 2008, the Plaintiff and B acquired the lease deposit of KRW 40 million with the lease deposit amount of KRW 30 million,000,000 and KRW 2300,000,000 and KRW 308,000,000 from the lease contract.

However, in order for the assignee to claim the amount of transfer to a debtor, not only the fact that the transferor of the claim has a claim against the debtor, the fact that the transferor of the claim and the transferee of the claim have transferred or taken over the claim, but also the fact that the notification of the transfer of the claim to the debtor and the arrival thereof, or the fact that the debtor has consented to the transfer or takeover of the claim. Even if all the evidence submitted by the plaintiff are presented, it is insufficient to recognize the fact that B has notified the fact of the transfer of the claim between the plaintiff and B, or that the defendant has consented to the transfer or takeover contract of the lease deposit of this case.

Therefore, this part of the plaintiff's assertion is without merit.

B. The Plaintiff