손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the case where the plaintiff makes an additional determination as to the assertion added or emphasized by this court as set forth in paragraph (2). Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article
2. Additional determination
A. The plaintiff asserts that "the defendant is obligated to compensate the plaintiff for damages caused by interference with the collection of premiums, regardless of whether the plaintiff's new lessee is arranged, since he/she clearly expresses his/her intention not to conclude the lease contract even if he/she acted as a new lessee." On the other hand, the defendant asserts that his/her refusal to act constitutes "justifiable cause" and thus, the defendant has no liability to compensate for damages.
B. (1) Determination 1) The Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter “Commercial Building Lease Act”) provides for the following:
Article 10-4 (Protection of Opportunity to Collect Premiums, etc.) ① A lessor shall not interfere with receiving premiums from a person who wishes to become a new lessee arranged by a lessee under a premium contract by doing any of the following acts from three months before the lease term expires to the termination of the lease.
Provided, That the same shall not apply where any ground falling under any subparagraph of Article 10 (1) exists.
4. Refusing to conclude a lease contract with a person arranged by the lessee as a new lessee without any justifiable ground.
1. Where a person arranged by the lessee to become a new lessee has no ability to pay the deposit or rent;
2. A lessee arranged by the lessee to become a new lessee is likely to violate the obligations of the lessee.