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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 20, 201, Nonparty C entered into a lease contract between Nonparty C and the Defendant, setting the lease contract between Nonparty C and the Defendant as between the Defendant, Busan D and 12 Dong 406 (hereinafter “instant real estate”), and the lease contract between May 12, 201 and May 12, 2013 (hereinafter “instant lease contract”) with a deposit amount of KRW 230 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.
B. On October 26, 2012, C’s transfer of the instant security deposit return claim against Nonparty E: (a) entered into a contract for transfer and takeover of the obligation to transfer the instant security deposit refund claim against the Defendant to E (hereinafter “instant contract for transfer of the instant security deposit”); (b) on the same day, a notary public was certified as “2557” in the law firm’s written office; and (c) on the same day, E notified the Defendant of the transfer of the said claim on behalf of the Defendant, the transferor, and received the notification to the Defendant at that time.
C. On April 25, 2013, the Plaintiff: (a) leased KRW 265 million to C with interest rate of KRW 26.4% per annum; and (b) on April 26, 2013, a notary public drafted a notarial deed at a law firm’s written office with No. 1045 on April 26, 2013; (b) as between the Plaintiff and the Defendant on April 25, 2013 in order to secure the above loan claims against the Plaintiff; (c) the Plaintiff entered into a transfer/acquisition agreement with the Defendant to transfer the instant security deposit claims against the Defendant (hereinafter “the instant second transfer agreement”); and (d) on April 26, 2013, the Plaintiff notified the Defendant of the transfer of the fact that a notary public is a notary public, etc. in writing, and notified the Defendant of the transfer of the fact that he/she would transfer the security deposit claims against the Defendant as the transferor’s agent to the Defendant on April 21, 2013.
The first assignment contract of this case.