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. As to the part of the underlying facts, the relevant part of the reasoning of the first instance judgment shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the plaintiff's assertion

A. On January 15, 2015, the Plaintiff asserted that the Plaintiff would transfer the instant car page to the new lessee upon the termination of the renewed lease agreement with the Defendant’s side upon renewal of the lease agreement.

At the time of the termination of the lease agreement, the Plaintiff discussed the acquisition of H and the instant car page, and consulted on the premium.

However, at around that time, the Defendant agreed to deliver the instant store to the Plaintiff upon the expiration of the lease term, but the Defendant entered into a lease agreement with H, other than his own children, on the instant store.

As such, the defendant deceivings the plaintiff, thereby preventing the plaintiff from receiving premium of KRW 30 million from H.

In addition, from November 2017, the Defendant’s side had access to the front site of the instant store from around November 2017, and obstructed the operation of the instant car page for three months, such as resignation by J, etc., by blocking the operation of the instant car page, and suffered mental damage, such as interference with the operation of Pyeongtaek Plaintiff’s car page.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 40 million (=property and mental damage amounting to KRW 10 million due to interference with the operation of the car page) as compensation for damages caused by the tort.

B. First of all, we examine whether Defendant 1 interfered with the Plaintiff’s prohibition of receiving premium from a person who intends to become a new lessee.

According to the above evidence and Eul evidence No. 19 and the purport of the entire pleadings, the plaintiff demanded premium to H, who has shown an intention to accept the instant car page, and the H demanded the plaintiff to pay the premium to the defendant.