1. The plaintiff's claim is dismissed.

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

Basic Facts

On March 29, 2011, the Plaintiff leased from the Defendant, on March 29, 201, KRW 52 square meters (171.9 square meters; hereinafter “instant store”) out of KRW 15,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000

On December 31, 2017, the Plaintiff entered into a lease agreement with the Defendant to renew the lease agreement each year with the terms of “30,000,000 won for lease deposit, monthly rent of KRW 1,472,50 for lease deposit (excluding value-added tax), and the lease term from January 1, 2018 to December 31, 2018.”

hereinafter referred to as "the instant lease agreement"

(2) On November 22, 2018, the Defendant sent to the Plaintiff a content-certified mail stating his/her intent to refuse the renewal of the lease agreement on the ground that the said lease agreement will be implemented due to the deterioration of the building, etc. [The Plaintiff’s assertion of the purport of the entire pleadings, and the Plaintiff’s assertion of the determination, was seeking to recover the premium by transferring the business of the instant store to a third party. However, the Defendant lost the opportunity to collect the premium by refusing the renewal of the lease agreement in violation of Article 10-4(1) of the Commercial Building Lease Protection Act.

Therefore, the defendant is obligated to pay 270,000,000 won and damages for delay, which are equivalent to the premium for damages, to the plaintiff pursuant to paragraph (3) of the same Article.

Judgment

The main text of Article 10-4(1) of the Commercial Building Lease Protection Act provides that "a lessee shall not interfere with receiving premiums from a person who intends to become a new lessee arranged by the lessee according to the premium contract by doing any of the following acts from six months to six months before the lease term expires, and Article 10-4(1) proviso and Article 10(1) of the Commercial Building Lease Protection Act."