1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Basic Facts

On April 15, 2013, the Defendant entered into a lease agreement with C to the end of April 14, 2015 (hereinafter “instant lease agreement”) with respect to the second floor of the building located in Daejeon-gu, Daejeon-gu (hereinafter “instant building”), the lease deposit amount of KRW 10,000,000, monthly rent of KRW 200,000, and the lease term of KRW 100,000,000, from April 15, 2013 to April 14, 2015.

Meanwhile, according to Article 3 of the lease contract of this case, the lessee cannot sublet or transfer the right of lease without the consent of the lessor.

On November 3, 2014, the Defendant entered into a sublease contract between the Plaintiff and the Plaintiff for a lease deposit of KRW 10,000,000, monthly rent of KRW 200,000, and the lease term of KRW 200,000 with respect to the instant building from November 3, 2014 to November 2, 2016 (hereinafter “instant sublease contract”). On the same day, the Plaintiff paid KRW 10,000,000 to the Defendant for the said sublease deposit, while the Plaintiff paid KRW 7,00,000 as premium, respectively.

The Defendant did not obtain the consent of the lessor C at the time of entering into the sub-lease contract of this case.

A lessor intended to enter into a direct rental contract with the Plaintiff on February 2 to 3, 2015. However, there were differences in issues such as restitution clause, refund of premium, etc., which led to the failure to enter into a lease contract with the Plaintiff.

On May 4, 2015, the Plaintiff terminated the instant sub-lease contract because it failed to obtain the consent of the lessor regarding the instant sub-lease contract, and sent the content-certified mail to the effect that the Plaintiff returned KRW 17,000,000 in total of the instant sub-lease deposit and premium to the Defendant until May 18, 2015, and the content-certified mail reached the Defendant around that time.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 2, Eul evidence Nos. 1, 2, 4, 6, and 7 (including each number; hereinafter the same shall apply)'s assertion of the purport of the whole pleadings and the purport of the whole pleadings, and the plaintiff's assertion of the parties concerned in the judgment, since the defendant failed to perform its duty to obtain the consent of the lessor as to the sub-lease contract of this case