손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On September 1, 2013, the Plaintiff entered into a lease agreement with the Defendant regarding KRW 101 (hereinafter “instant commercial building”) among the Seo-gu Daejeon District Building, Seo-gu, Daejeon, with a deposit of KRW 20 million, monthly rent of KRW 1 million, and from September 1, 2013 to December 24, 2013 (hereinafter “instant lease agreement”).
Around that time, the Plaintiff paid a deposit of KRW 20 million to the Defendant, and received delivery from the Defendant of the instant commercial building, and carried on the instant commercial building with the trade name of “D store.”
【In the absence of any dispute, the Plaintiff’s assertion of the purport of the entire pleadings, and the Plaintiff’s assertion of the purport of the entire pleadings, the Plaintiff demanded the Defendant to enter into a lease agreement with E or F on April 2016, but the Defendant refused to enter into such agreement, upon receiving KRW 90 million from E or his spouse F.
Although the defendant should not interfere with the tenant's opportunity to recover the premium pursuant to the Commercial Building Lease Protection Act (hereinafter referred to as the "Commercial Building Lease Protection Act"), the plaintiff refused to enter into a lease agreement with E or F, a new lessee arranged by the plaintiff, thereby hindering the plaintiff from receiving the premium from them.
Therefore, the defendant is obligated to compensate the plaintiff for damages equivalent to the premium due to the violation of the Commercial Building Lease Act.
The Plaintiff, without the Defendant’s consent, sublets the instant commercial building to E or F without the Defendant’s consent (Article 10(1)4 of the Commercial Lease Act); and the Plaintiff has been in arrears for at least three years (Article 10(1)1 of the Commercial Lease Act); and the Plaintiff is seriously in breach of the lessee’s duty or is unable to continue the lease, due to the occurrence of smoke, vibration damage caused by the operation of outdoor equipment, and smelling, etc., to the neighboring residents, including the Defendant.