손해배상금 지급
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons for this part of this Court's reasoning are as follows: "1. Basic facts" among the reasons for the judgment of the court of first instance is the same as the part of "1. Basic facts"; therefore, they are cited by the main sentence of Article 420
2. Determination as to the cause of action
A. On August 5, 2015, the Plaintiff asserted that: (a) between I and I, the Plaintiff entered into a premium agreement with I to transfer the instant store facilities in KRW 80 million; and (b) the Plaintiff arranged the said I as a new lessee to the Defendants; (c) the Defendants refused to enter into a lease agreement with I without justifiable grounds; and (d) interfered with the Plaintiff’s recovery of the premium due to the Plaintiff’s significant increase of rent; (e) pursuant to Article 10-4(3) of the Commercial Building Lease Protection Act, the Defendants are liable to compensate the Plaintiff for damages of KRW 71,501,00, which is equivalent to the premium.
B. (1) According to Article 10-4(1)4 of the Commercial Building Lease Protection Act, a lessor shall not interfere with the payment of premiums from a person who wishes to become a new lessee arranged by a lessee under a premium contract by refusing to enter into a lease contract with a person arranged by a lessee from three months to three months before the lease term expires until the termination of the lease contract without justifiable grounds, but shall not interfere with the payment of premiums from a person who wishes to become a new lessee arranged by a lessee under a premium contract. However, the same shall not apply where any ground falling under any subparagraph of Article 10(1) of the same Act exists, and pursuant to the main sentence of Article 10-4(3) of the same Act, a lessor is liable to compensate for damages if a lessee causes
(2) If Gap evidence Nos. 9-1, 2, and 10-1 through 4 are added to the purport of the entire pleadings, the plaintiff intends to become a new lessee in order to receive premium for the store of this case as of August 6, 2015, under the title "as to recommendation of new lessees, contract order, and repair of facilities" from the defendant Eul on August 6, 2015.