1. The Defendant’s KRW 37,306,00 for the Plaintiff and KRW 6% per annum from August 1, 2017 to April 16, 2018.

1. Facts of recognition;

A. The National Bank Co., Ltd., the owner of the building (office rooms and neighborhood living facilities) of the building of the 18th floor of the building in Gangnam-gu Seoul, Seoul, leased the above building to Han Cement Co., Ltd., and Han Cement Co., Ltd sublet the part of the 1st floor above the above building (area 978.84m2) to the Defendant.

B. On July 27, 2016, in order to operate a restaurant with approximately 10.93 square meters of UN IT 3 among the first floor of the above building (hereinafter “instant store”) from the Defendant, the Plaintiff provided a pre-loan by setting a deposit of KRW 50,000,000, monthly rent of KRW 2,700,000 (excluding value-added tax) for three years from July 27, 2016, and the term of the contract from July 27, 2016.

C. On April 7, 2017, Han Cement Co., Ltd. terminated the sub-lease contract on the grounds of the Defendant’s delinquency in rent, and on April 10, 2017, notified the Plaintiff of the fact that “on April 14, 2017, upon the termination of the sub-lease contract, requested the Defendant to express his intention by April 14, 2017,” and requested the Plaintiff, a direct occupant of the instant store, to cooperate with the Plaintiff regarding the implementation of the pre-lease.

From December 1, 2016, the Plaintiff did not pay the rent for a pre-loan contract to the Defendant. However, from April 7, 2017 when the sub-lease contract was terminated, the Plaintiff paid the rent to Han Cement Co., Ltd., and delivered the instant store to Han Cement Co., Ltd. on July 31, 2017.

On the other hand, the plaintiff paid the management expenses until March 31, 2017.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings

2. Determination

A. If the lessee is unable to allow the lessee to use or benefit from the property on account of the request for return of the object or for payment of the rent therefor, etc. from the de facto owner, the lessor’s obligation is impossible, and the lessee may refuse the request for rent payment of the lessor thereafter on account of the termination of the lease due to impossibility of performance.