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1. The defendant shall pay 27 million won to the plaintiff and 20% per annum from April 21, 201 to the day of complete payment.
Reasons
1. Basic facts
A. On August 21, 2010, the Defendant entered into a lease agreement with C on August 21, 201 with regard to the first floor of 113 underground floor of the building G located in Gangnam-gu, Seoul (hereinafter “instant real estate”) located in Gangnam-gu, Seoul, with the term of lease from August 21, 2010 to August 20, 201, setting the lease deposit amount as KRW 52 million, monthly rent as KRW 2.6 million (hereinafter “instant lease agreement”), and paid KRW 52 million from C. The Defendant and C agreed that C, a lessee, could not transfer the lease deposit claim to another person or provide it for the purpose of establishing a pledge right or any other security, and entered this content as Article 3(4) of the instant lease agreement.
B. On September 8, 2010, C borrowed KRW 27 million from the Plaintiff, and on November 19, 2010, C transferred to the Plaintiff KRW 27 million out of the claim to return the lease deposit of this case (hereinafter “transfer of claim of this case”). C notified the transfer by content-certified mail on November 24, 2010, and C received the notification to the Defendant on the same day, and C thereafter delivered the instant real estate to the Defendant.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, the purport of the whole pleadings
2. Determination of the parties' arguments
A. The plaintiff asserts that since the plaintiff was unaware of the existence of a special agreement on the prohibition of transfer of the right to claim the return of the lease deposit in this case, the defendant shall return 27 million won out of 52 million won of the deposit to C to be refunded to the plaintiff, the defendant asserts that the defendant cannot respond to the plaintiff's claim since he knew of the existence of a special agreement on the prohibition of transfer of the right to claim the return of the lease deposit in this case or failed to know
B. (1) The obligor is not aware of the existence of a special agreement prohibiting the assignment of claims in the event that a third party takes over the claims from a creditor, or that it is grossly insufficient to know the existence of such special agreement.