1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On August 2, 2012, the Plaintiff, from the Defendant, set the deposit amount of KRW 50,000,000, monthly rent of KRW 4,000,000, and the period of August 1, 2014, the Plaintiff leased (hereinafter “the instant lease”) of KRW 332.80,00 square meters (hereinafter “the instant building”) among the 4th floor of the 3th floor of the Bupyeong-gu Seoul Metropolitan Government D-based reinforced concrete building, a commercial building, by the Defendant, as the end of August 2, 2012. The Plaintiff operated the notified source in the instant building.

B. At the time, the Plaintiff acquired a notice source facility from the former lessee E and paid KRW 165,00,000 to E as premium in return.

C. Whether the instant lease is implicitly renewed, the Defendant’s refusal to renew the lease was terminated on August 1, 2017 pursuant to Article 10(2) of the former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter “The Commercial Building Lease Protection Act”).

Pursuant to Article 10(2) and (4) of the former Commercial Building Lease Protection Act (Amended by Act No. 15791, Oct. 16, 2018; hereinafter “Commercial Building Lease Act”), Article 10(2) and (4)

D. On May 9, 2017, the Plaintiff, before the termination of the instant lease, transferred KRW 165,00,000 for premium to F, and arranged to be a new lessee, but the Defendant refused to enter into a lease agreement with F on the ground that it would be directly used for the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1, the purport of the whole pleadings

2. The Defendant asserted that the Plaintiff refused to enter into a lease agreement with a new lessee arranged by the Plaintiff without justifiable grounds, thereby hindering the Plaintiff from receiving the premium according to the premium agreement.

Therefore, the defendant is liable for damages to the plaintiff pursuant to Article 10-4 (3) of the Commercial Building Lease Act.

The damage is KRW 145,00,000 for the premium at the time of termination of the lease.

3. Determination

A. As to the defendant's assertion, the defendant takes over the building of this case after the termination of lease and becomes the defendant's office.