권리금 회수방해에 대한 손해배상
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On November 20, 2009, the Plaintiff leased the first floor of 34 square meters (hereinafter “instant store”) from the Defendant on a deposit basis of 10,000,000, monthly rent of 550,000, and the period of 2 years, among the buildings located in Yansan-gu, Jeonju-si, Seoul (hereinafter “instant store”).
B. Around December 20, 201, the Plaintiff and the Defendant renewed the above lease agreement with a deposit of KRW 10,000,000 for the instant store, monthly rent of KRW 700,000 for the period of four years, and the lease period was extended until December 20, 2016 due to the implied renewal of the said contract at the expiration of the said period.
C. On July 19, 2016, the Defendant knew the Plaintiff that he/she had no intent to renew the said lease contract by means of content-certified mail.
【Ground for recognition】 An absence of dispute
2. On August 16, 2016, the Plaintiff agreed to receive KRW 45,00,000 as premium when concluding a “Premium” contract with D on the store of this case. The Defendant refused to conclude a lease contract with D without justifiable grounds and thereby lost the opportunity for the Plaintiff to recover the premium. However, pursuant to Article 10-4 of the Commercial Building Lease Protection Act (hereinafter “Act”), the Defendant shall compensate the Plaintiff for damages equivalent to the premium amounting to KRW 45,00,000,000.
3. As seen earlier, the Plaintiff leased the instant store from November 20, 2009 to seven years. In light of the following circumstances, it is reasonable to deem that Article 10-4(1) of the Act on the duty not to interfere with the collection of premiums against the lessee of the lessor is not applicable in cases where the lessor can refuse the lessor’s request for renewal of the lease contract, or the lessee cannot exercise the lessee’s right to request renewal of the lease contract.
First, as the Act was amended by Act No. 13284 on May 13, 2015, the purpose of this provision is to induce the renewal of the lease contract of a lessor.