1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1. The reasoning of this part of the judgment is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance (the underlying facts of Paragraph 1), and thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act

2. The plaintiff asserted that the plaintiff acquired the claim for the return of the lease deposit except the overdue rent, which can be naturally deducted from the lease deposit, since the handling of the pseudo Petroleum Products at the instant gas station was revealed only after the notice of the transfer (claim).

On the other hand, the defendant asserts that the special agreement of this case provides for forfeiture of the total amount of lease deposit in consideration of the fact that the handling of pseudo petroleum products causes enormous damage to the lease or operation of the gas station of this case, so it does not unfairly disadvantage the lessee or violate good customs.

3. Determination

A. When the transferor of claims determined as to whether the Defendant could set up against the Plaintiff by the instant special agreement has given notice of transfer only, the obligor may set up against the assignee for the reasons that occurred in relation to the transferor until he received such notice.

(Article 451(2) of the Civil Act. In addition, where the debtor has already acquired a counterclaim against the transferor at the time of notification of assignment of claim, even if such offset is made after notification of transfer, the debtor may set up against him/her a set-off.

The instant special agreement is inserted into the terms of the lease agreement as of July 9, 2013, prepared before the assignment of claims is notified (as of September 19, 2013), and thus, the Defendant may be deemed to have already acquired a conditional claim against the lessee B at the time of the preparation of the lease agreement.

Therefore, even if the conditions have been fulfilled by controlling the handling of pseudo petroleum products, it is the debtor even after the assignment of claims is notified.