1. The part against the defendant in the judgment of the first instance is revoked.

2. The defendant's distribution of Samsung Co-Defendant corporation in the first instance trial.

1. The court's explanation on this part of the basic facts is the same as the part on "1. Basic Facts" as the reasoning of the judgment of the court of first instance. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of claim

A. The plaintiff's assertion that the defendant acquired the lease deposit obligation of Samsung Distribution Co., Ltd. (hereinafter "Thosung Distribution") to the plaintiff through the instant agreement (the plaintiff uses the term "acquisition of performance" in the preparatory document dated June 12, 2017, but is seeking the payment of the debt to the defendant. As such, it appears that the above performance acquisition means the assumption of obligation jointly with the defendant, and the defendant is jointly and severally obligated to refund the lease deposit amount of KRW 30 million and the delay damages to the plaintiff.

B. 1) In a case where a business or a purchaser of real estate agrees to take over a burden attached to the real estate, such as a collateral security obligation, and deducts the amount of the purchase price as much as the amount of such obligation, the buyer’s agreement to bear such obligation cannot be deemed as a so-called "liability assumption of obligation," which discharges the seller from liability unless the creditor gives his/her consent. Furthermore, in distinguishing whether such agreement is merely an acceptance of performance or a contract for a third party, the criteria for determining whether a third party or a creditor has the intent to directly acquire a claim against the contracting party or the assignee, and in detail, the intent should be interpreted by comprehensively taking into account the motive, circumstance and purpose of the conclusion of the contract, status of the contracting party, interests between the parties and the third party, transaction practices, etc. (see Supreme Court Decision 97Da28698, Oct. 24, 1997; 208, constituting the legal relationship of obligation subject to acquisition.