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1.The judgment of the first instance shall be modified as follows:
The defendant is paid KRW 1,362,854 from the plaintiff.
Reasons
1. The reasoning for the court’s explanation on this part of the basic facts is that of the pertinent part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion and judgment
A. The plaintiff alleged that the plaintiff paid 24,88,865 won to the defendant based on the first and second sub-lease contracts, and the above amount exceeds the amount of debt owed to the defendant due to the above sub-lease contracts. Thus, the defendant is obligated to implement the procedure for registration of cancellation of the registration of the establishment of the establishment of the neighboring mortgage of this case to the plaintiff.
B. According to the grounds for termination of the second sub-lease contract and the respective entries and arguments in Gap evidence Nos. 4, 5, 17, 18, 24, and 25 at the time of the second sub-lease contract (including the serial number; hereinafter the same shall apply) and the whole purport of the pleadings, the defendant, on August 30, 201, during the period of the second sub-lease contract, set up the instant business establishment in the Internet “Bar direct trade market” without the plaintiff. The defendant, around April 12, 201, failed to borrow KRW 10 million as collateral from G, a liquor supplier, as well as the plaintiff, after being aware of the fact that he was sub-lease between the defendant and the plaintiff, and then, on October 31, 201, no dispute exists between the parties to the second sub-lease and the plaintiff's new shares in the name of the head of the Tong and the plaintiff's new shares in the name of the plaintiff.
According to the above facts, the second sub-lease contract should provide the lessee with the status suitable for using and benefiting from the leased object in the sub-lease contract, which is a continuous legal relationship based on personal trust, as seen above.