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(영문) 대전지방법원 2017.08.24 2016가단223101

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 10, 2010, the Plaintiff, as a lessee, entered into a lease agreement with the Defendants on approximately 40 square meters of the first floor of the building located in Daejeon-gu, Daejeon-gu (hereinafter “instant real estate”) with respect to the lease deposit of KRW 20 million, monthly rent of KRW 1 million, and the term of existence as of April 9, 2012 (hereinafter “instant agreement”).

B. On December 3, 2015 and January 18, 2016, the Defendants notified the Plaintiff of the refusal of the renewal of the instant contract.

[Ground of Recognition] Unsatisfy, Gap evidence 1, 2 and Eul evidence 2

2. The assertion and judgment

A. The Plaintiff’s assertion was notified by the Defendants of the refusal to renew the instant contract, and then the Plaintiff concluded a contract on acquisition of rights with a new lessee and premium of KRW 65 million for the instant real estate, and notified the Defendants of the conclusion of a lease agreement with a new lessee. However, the Defendants refused to renew the contract without justifiable grounds and thereby interfered with the Plaintiff’s act of receiving the premium. Therefore, the Defendants are liable to compensate the Plaintiff for damages equivalent to the said premium.

B. (1) Determination 1) Article 10-4 of the Commercial Building Lease Protection Act (Protection, etc. of an opportunity to recover premiums) (1) No lessor shall interfere with receiving premiums from a person who wishes to become a new lessee arranged by the lessee under the premium contract by doing any of the following acts from three months before the lease term expires to the termination of the lease:

(3) Where a lessor causes damage to a lessee in violation of paragraph (1), he/she shall be liable to compensate for such damage.

In such cases, the damages shall be the new lessee.