유익비등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 22, 2011, C entered into a lease agreement with the Defendant and Busan District D Ground Building (hereinafter “instant building”) with a lease deposit of KRW 30,00,000, monthly rent of KRW 1,100,000, and the lease term of KRW 2 years, and thereafter, C operated the “E” restaurant (hereinafter “instant restaurant”).
B. On January 11, 2014, the Plaintiff decided to take over the instant restaurant from C, and accordingly, on January 16, 2014, concluded a lease contract with the Defendant for KRW 30,000,00 for the lease deposit, monthly rent for KRW 1,20,000 for the instant building, and the lease term for KRW 3 years for the lease contract (hereinafter “instant lease contract”).
C. On April 27, 2017, the Plaintiff received KRW 25,500,000 after deducting KRW 4,500,000 from the Defendant’s monthly rent of KRW 30,000,000, which was overdue until the time, and handed over the instant building.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 7 through 9, and the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion that the Plaintiff would not conclude a renewal contract if the Defendant did not pay monthly rent of KRW 2 million from November 2016 to KRW 2 million. Thus, the Plaintiff’s new lessee from January 2017 in order to waive the contract renewal with the Defendant and receive premium from a third party and to have it exceeded the instant restaurant.
On February 8, 2017, F and the instant restaurant were agreed to transfer premium of KRW 20,000,000.
However, the Defendant refused to enter into a lease agreement with F to become a new lessee arranged by the Plaintiff without justifiable grounds, such as demanding the payment of KRW 10,000,000 among the above premium, thereby hindering the Plaintiff from receiving the premium from F.
This violates Article 10-4 (1) 4 of the Commercial Building Lease Protection Act, and thereby, the plaintiff suffered losses not receiving premium of KRW 20,000,000, which is to be paid by F.
Therefore, the defendant.