1. The Defendant’s KRW 13,00,000 as well as 5% per annum from February 10, 2015 to December 9, 2015 to the Plaintiff.

1. Facts of recognition;

A. On September 3, 2012, the Defendant entered into a lease agreement with C and its owner, setting the lease term as KRW 20 million from September 30, 2012 to September 30, 2016, and KRW 1.5 million per month from the rent, with the content that the Defendant shall lease the building with the land mobile to the ground D (hereinafter “instant building”).

B. The Defendant operated a restaurant under the name of Bana E in the instant building, which was the cafeteria, and the operation thereof was not properly conducted, and thus, the Defendant delayed the rent of KRW 12 million in total around September 2014.

C. However, on September 14, 2014, the Defendant entered into a sublease contract with the Plaintiff and the instant building without the consent of the said C (hereinafter referred to as “sublease contract”) with the effect that it will sublease the building at KRW 10 million until September 15, 2014, KRW 30 million (20 million until September 15, 2014, KRW 20 million until December 15, 2014), and KRW 1.5 million monthly rents (hereinafter referred to as “sublease contract”).

The Plaintiff paid the Defendant KRW 10 million by September 12, 2014 and KRW 3 million by around 22, 2014, respectively, as security deposit.

E. Meanwhile, C consented to a sublease contract where the Defendant becomes aware of the fact that the instant building was sub-leased without the lessor’s consent and all overdue rents are paid to the Defendant. However, the Defendant failed to pay all overdue rents.

F. Therefore, the Plaintiff was unable to use the instant building as a restaurant.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 to 3, 5, 9 (including paper numbers; hereinafter the same shall apply), Eul's evidence 4 and 5, witness G's testimony, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the judgment on the cause of the claim 1, the Defendant, as a sub-contractor, has the obligation to maintain the condition necessary for the Plaintiff to use and profit from the instant building as a restaurant, but the said building without the consent of C, the lessor, while the rent is overdue.