1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. From 2011, the Plaintiff has borrowed money from the Defendant and has repeatedly repaid the money.

B. On January 2, 2012, the Plaintiff entered into a lease agreement with EP (hereinafter “S”) on the lease deposit amount of KRW 28.7 million, monthly rent of KRW 169,700, and the lease term of KRW 24 months from March 2, 2012 (hereinafter “instant lease agreement”).

C. On the other hand, around March 27, 2012, the Plaintiff concluded that the Plaintiff’s lease deposit amounting to KRW 45 million for the Plaintiff’s non-party construction on the instant apartment as security for the repayment of the loan amount was KRW 60 million to the Defendant.

Around November 21, 2013, the claim for the refund of the lease deposit (hereinafter “instant deposit”) was transferred, and the notification of the assignment of the said claim was issued to the Non-Party Corporation.

The defendant filed a lawsuit against the non-party construction claiming the payment of the deposit of this case against the non-party construction on behalf of the non-party construction on behalf of the plaintiff (Seoul Central District Court 2014Da120735), and on November 27, 2014, the plaintiff delivered the apartment of this case to the non-party construction on behalf of the non-party construction.

At the same time, the non-party Corporation shall pay to the defendant the amount calculated at the rate of KRW 178,100 per month from November 1, 2014 to the completion date of delivery of the apartment of this case, and to the other amount obtained by deducting all claims that the non-party Corporation had against the plaintiff under the instant lease agreement between the plaintiff on the apartment of this case and the non-party corporation. The plaintiff and the non-party corporation enter into a new lease agreement on the apartment of this case around May 28, 2014.