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 reasons why the court states this part of the basic facts are the same as the corresponding part of the judgment of the court of first instance, in addition to the following parts written or added, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or added parts] No. 2 14 "Plaintiffs" shall be added to "B".

The following shall be added between the 4th parallels and the 3rd parallels:

E. B entered into a lease agreement with the Defendant on February 24, 2010 with the content that rent is KRW 2,375,000 per month for the instant building and the instant building without a deposit for facilities, fixtures, etc. existing in the instant building, and the timing for payment of rent is March 23, 2010 for advance payment and the lease period shall be March 23, 2010 for advance payment, but if the payment is made prior payment, the Defendant would automatically extend one month unless the Defendant expressed his intention of refusal.

F. B around December 5, 2014, notified the Plaintiff that the claim to return KRW 120 million out of the instant lease deposit was transferred to the Plaintiff, and the said assignment notification reached the Defendant at the end of the business.

Part 4 "A No. 5" in Part 3 of Part 4 shall add evidence 6, 9, and 11 to the following:

2. The parties' assertion and judgment

A. (1) On November 5, 2009, the Plaintiff’s assertion that the assignment of the claim was made by the instant performance memorandum (1) was taken over from B the claim for the refund of KRW 120 million out of the lease deposit of this case from B pursuant to the instant performance memorandum, and the Defendant shall be deemed to have consented to the said assignment of claim or received the notification of the said assignment of claim by signing and sealing directly on the instant execution sheet.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 120 million among the lease deposit of this case and its delay damages.

(2) In light of the Defendant’s argument, it cannot be deemed that the assignment of claims was made in accordance with the instant performance certificate, and even if the Plaintiff and B had an intent to transfer claims between the Plaintiff and B, the Defendant’s instant performance letter.