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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Facts of recognition;
A. A. Around March 2011, the Defendant entered into a partnership agreement with C and D to provide funds and distribute profits by running a restaurant, etc. on March 30, 2011, and entered into a lease agreement with C and D in the name of the Defendant with respect to the registration period of the G&A subparagraph 202, etc. of Gangseo-gu, Busan, for the operation of the restaurant, etc. under the above partnership agreement on March 30, 201, between the Defendant and C and the Defendant with respect to the registration period of the G&A subparagraph 202, etc. of the Gangseo-gu, Busan, from April 20, 2011 to April 19, 2013, and the deposit amount of KRW 30 million and the monthly rent of KRW 4 million.
The assignee of the claim transfer contract: B: The assignee of the claim: B, the assignee of the claim, confirms that the amount of the obligation to be paid to the assignee of the claim is KRW KRW 3,000,000,000, and B, the transferor of the claim, agrees to transfer the claim for the refund of the deposit for lease on a deposit basis to the transferee of the claim, when leasing the Busan Gangseo-gu, which is owned by the garnishee, to the transferee of the claim.
B. On June 27, 2011, the Plaintiff and the Defendant: (a) drafted a claim transfer and takeover contract with respect to the claim to return the deposit under the said lease; (b) on the same day, notified the assignment of claim to the Green T&C.
C. On April 19, 2013, the term of the said lease agreement expired, the Plaintiff filed a claim for the return of the deposit with the Green AnnbC. However, the said deposit was entirely deducted from the overdue rent accrued prior to the termination and was not returned.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. The parties' assertion
A. On June 29, 201, the Plaintiff asserted that the Plaintiff leased KRW 30 million to the Defendant without interest agreement, and the Defendant transferred the Defendant’s right to refund the lease deposit to the Plaintiff and decided to repay the said loan. The said lease deposit was entirely deducted from the overdue rent and terminated.
Therefore, the defendant's above 30 million won to the plaintiff.