A. On March 2, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, as to the part of the first floor of the land-based building C in Ycheon-si (hereinafter “instant commercial building”), setting the deposit amount of KRW 40 million, KRW 2.9 million per month, and the lease term from March 11, 2015 to March 10, 2017 (hereinafter “instant lease agreement”).

B. On March 20, 2017, the Plaintiff and the Defendant agreed to extend the term of lease of the instant lease by April 11, 2018.

C. On February 2, 2018, the Plaintiff decided to transfer to E all the business facilities, etc. of “D” as premium of KRW 60 million, and received 6 million down payment from E.

On February 2, 2018, the Plaintiff sent to the Defendant a certificate of content that the contract with E was concluded. However, on February 9, 2018, the Defendant refused to enter into a lease agreement with E by sending to the Plaintiff a certificate of content that “the instant commercial building is not leased for restaurant use.”

E. The plaintiff, in light of the defendant's attitude, judged that it is difficult to proceed with the contract with E and concluded with E.

The agreement was rescinded.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 10, 13, and the purport of the whole pleadings

2. Determination

A. According to the above facts, even though the plaintiff ordered the defendant to enter into a lease agreement with E to recover the premium prior to the termination of the lease agreement of this case, it is reasonable to view that the defendant refused to enter into a lease agreement with E without justifiable grounds, thereby hindering the plaintiff from receiving the premium from E. Therefore, the defendant is entitled to the Commercial Building Lease Protection Act (hereinafter referred to as the "Act").

(2) Pursuant to Article 10-4(1)4, the Plaintiff shall be liable for damages incurred by the Plaintiff. (2)