1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 21, 2008, the Plaintiff leased the first floor of 86.5 square meters (hereinafter “instant store”) from the Defendant from the Jung-gu Seoul Metropolitan Government’s land building, Jung-gu, Seoul, with the term of lease from July 22, 2008 to July 21, 2010, the Plaintiff set the deposit amount of KRW 70,000,000 and the rent of KRW 2,20,000 from July 21, 2010.

B. On July 21, 2008, the Plaintiff agreed to pay 80,000,000 won for the premium to D of the former lessee of the instant store, and 2008

7. The agreed premium was paid up to 23.

C. Since then, the above lease contract has been repeatedly renewed under the same conditions as before and after the lapse of July 22, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and judgment as to the ground of appeal Nos. 2

A. On August 26, 2016, the Defendant notified the Plaintiff of the termination of the lease agreement, and expressed that he/she did not intend to conclude the contract even if he/she seeks a new lessee, and on September 12, 2016, there was no plan to conclude a new lease contract, and accordingly, sought delivery of a store after the termination of the contract.

As a result, the Defendant interfered with the opportunity for the Plaintiff to recover the premium, the Defendant is obligated to compensate the Plaintiff for damages incurred by failing to recover the premium pursuant to Article 10-4(3) of the Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter “Commercial Building Lease Protection Act”).

B. Article 10-4(1) of the Commercial Building Lease Act provides that a lessor shall not interfere with the collection of the premium by a lessee, and the period during which the lessor shall not interfere with the collection of the premium shall be “from three months to the expiration of the lease term,” and the act of demanding or receiving the premium from a new lessee who is arranged by the lessee to become a new lessee who has received the lessee’s right (Article 10-4(1) of the Commercial Building Lease Lease Act (Article 10-4(1)) (Article 10-4)