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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On May 15, 2012, the Defendant (Lessee) concluded a lease agreement between the Plaintiff’s assertion and B (Lessee) on the lease of KRW 501,504,505,000,000,000,000,000,000 monthly rent (excluding value-added tax), and the lease period from May 15, 2012 to August 31, 2012. The said agreement has been explicitly renewed until now.
On the other hand, between May 16, 2012 and B, the Plaintiff entered into an agreement on the assignment of claims with the Defendant under the above lease agreement (hereinafter “instant rent claim”) with the Defendant, and the Defendant consented thereto.
However, the Defendant paid only the rent from May 2012 to February 2013 to the Plaintiff, and later paid the rent in arrears.
Therefore, the Plaintiff, as the assignee of the instant rent claim, sought a payment of the rent in arrears against the Defendant.
2. The transferor cannot set up a defense against the obligor or any third party unless the obligor has notified the obligor of the assignment of the nominative claim, or the obligor has given his consent (Article 450(1) of the Civil Act), and there is no dispute between the parties that the assignment of the nominative claim was not notified.
According to the evidence No. 2-1 and No. 3 as to whether the Defendant consented to the transfer of the instant rent claim, the Defendant agreed that “3. monthly rent (from May 31, 2012 to May 31) shall be deposit in the name of the Plaintiff’s change of the deposit owner Co., Ltd. before the Plaintiff’s change of the deposit owner,” and accordingly, the Defendant paid the instant rent in the Plaintiff’s deposit account from May 31, 2012 to February 7, 2013, it is acknowledged that the Defendant paid the rent in the Plaintiff’s deposit account. However, it is insufficient to deem that the Defendant consented to the transfer of the instant rent claim to the Plaintiff by the testimony of the above recognition and witness alone, and there is no other evidence to acknowledge otherwise.
Rather, it is true.