1. The appeal filed by the Counterclaim Plaintiff is dismissed.

2. The claim of the Lessee expanded from the trial is dismissed.

3...

1. Basic facts

A. On June 25, 2010, the counterclaim Defendant leased the building indicated in the separate sheet (hereinafter “instant building”) to the Counterclaim Plaintiff as KRW 20 million, monthly rent, KRW 1300,000,000, and KRW 24 months from the delivery date of the building.

(hereinafter “instant lease agreement”). B.

On May 17, 2012, the counterclaim Defendant and the counterclaim extended the term of lease from January 1, 2013 to November 30, 2015. The term of lease was changed from November 9, 2012 to November 30, 2015. The term of the instant lease was terminated on November 30, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 2 through 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. Judgment on the counterclaim

A. The gist of the counterclaim’s assertion is that the counterclaim made a payment of KRW 39 million to the lessee before entering into the instant lease agreement, and thus, the counterclaim expressed his intention to act as a new lessee to recover the premium prior to the expiration of the lease term, and then, he concluded a contract with the counterclaim Defendant by finding a new lessee to enter into the instant building lease agreement by paying KRW 120 million for the premium and paying KRW 120 million. However, the counterclaim Defendant rejected the contract without justifiable grounds.

As such, the counterclaim Defendant had the Counterclaim Plaintiff lose the opportunity to recover the premium, it is obligated to pay the said KRW 120 million to the Counterclaim and the damages for delay.

B. Article 10-4(1) and (3) of the Commercial Building Lease Protection Act provides that “A lessor, without any justifiable reason, refuses to enter into a lease agreement with a person arranged by the lessee to become a new lessee,” etc. from three months to three months before the lease term expires, shall not interfere with the lessee’s receiving premium from a person who intends to become a new lessee arranged by the lessee according to the premium contract.”