손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 15, 2012, the Plaintiff, on October 15, 2012, leased (hereinafter referred to as “instant lease agreement”) the Ildong-gu Seoul Building D (hereinafter referred to as the “instant store”) under the name of KRW 15 million, KRW 850,000 per month, and the lease period from October 30, 2012 to October 30, 2013 (hereinafter referred to as “instant lease agreement”).
B. On September 5, 2017, two months before the expiration of the lease term of the instant lease agreement, the Defendant presented to the Plaintiff a deposit of KRW 20 million and KRW 1,300,000 per month under the condition of renewal. On September 17, 2017, the Plaintiff sent a text message to the Defendant that “the renewal contract should not be made.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff asserted that the Plaintiff arranged two new tenants, including E, to the Defendant, but the Defendant refused to enter into a lease agreement with the new lessee arranged by the Plaintiff without justifiable grounds on September 18, 2017 and October 11, 2017.
Due to the Defendant’s act, the Plaintiff prepared the premium contract between E first arranged and the E, but did not appear. In the case of a new lessee first arranged, the Defendant could not enter into a premium contract because the Defendant had silented himself.
Therefore, pursuant to Article 10-4 (1) 4 and (3) of the Commercial Building Lease Protection Act, the Defendant is liable to compensate the Plaintiff for damages incurred by the Plaintiff due to interference with collecting premiums.
B. According to the relevant legal principles and Article 10-4(1)4 of the Commercial Building Lease Protection Act, a lessor was arranged by a lessee pursuant to a premium contract by providing, “A lessor, without any justifiable reason, refuses to enter into a lease contract with a person who wishes to become a new lessee arranged by a lessee without any justifiable reason,” from three months before the lease term expires to the termination of the lease.