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1. The Defendant shall pay to the Plaintiff KRW 22,00,000 and the interest rate of KRW 15% per annum from March 11, 2016 to the date of complete payment.
Reasons
1. Basic facts
A. On November 11, 2013, the Plaintiff: (a) leased a lease deposit of approximately 23 square meters at the first floor of a golf practice range located in Osan-si (hereinafter “instant store”); (b) the lease deposit of KRW 30,000,000, monthly rent of KRW 1,500,000 (excluding value-added tax); and (c) from January 15, 2013 to December 31, 2015, the Plaintiff operated the instant lease contract with the Defendant upon delivery of the instant store.
B. On September 30, 2014, the Defendant: (a) removed the golf practice range in which the instant store was located; and (b) leased the site of the golf practice range to the head of the Gu, a corporation seeking to build a new building on the site.
C. On August 12, 2014, on which the term of lease expires, the Plaintiff entered into a contract for transfer of rights to sell all of the lease rights to the instant store, and the house fixtures and equipment related to the instant store in KRW 22,00,000 for premium. The Plaintiff requested the Defendant to consent to the transfer of the right of lease, but the Defendant rejected it.
Although the defendant currently operates a golf range where the store of this case is located, the defendant is planning to remove the above golf range immediately and start a new construction work.
E. After the termination of the lease contract term, the Plaintiff delivered the instant store to the Defendant, and the Defendant’s plan as above, thereby making it impossible to seek a new lessee, thereby preventing the collection of the premium.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1 and 2, and the purport of the whole pleadings
2. In determining the cause of the claim, the main sentence of Article 10-4(1) of the Commercial Building Lease Protection Act is to receive premiums from a person who wishes to become a new lessee arranged by a lessee under a premium contract by engaging in any of the following acts from three months to the expiration of the lease term to the termination of the lease: