1. The Defendant’s KRW 38,589,00 and the Plaintiff’s annual rate of KRW 5% from September 15, 2018 to August 14, 2019, and the following.

1. Facts of recognition;

A. On April 12, 2012, the Plaintiff leased the first underground floor of the building located in Daegu-gu E and F (hereinafter “instant building”) from C and D, and operated a singing point in the name of “G” at that place.

(hereinafter “instant main point”). The Plaintiff, C, and D have renewed the lease on April 12, 2014.

B. Around February 2015, the Defendant succeeded to the lessor status of C and D while purchasing the instant building.

C. On January 2017, the Plaintiff entered into a contract to transfer the instant main points to H KRW 80,000,000 for the premium (hereinafter “instant premium contract”) including the facility cost, etc. and received KRW 5,000,000 for the down payment.

Although the Plaintiff asked the Defendant to enter into a H-based lease agreement, the premium contract of this case was not implemented by the Defendant refusing to enter into a lease agreement with H.

After the termination of the lease term, the Defendant filed a lawsuit against the Plaintiff seeking the name of the building, and the Plaintiff eventually ordered the Defendant to order the instant store.

F. As of July 30, 2017, the appraised value of the instant main points as of July 30, 2017, is KRW 42,093,00 (i.e., appraised value of KRW 5,837,00,00 for intangible property value of KRW 36,256,00 for intangible property value).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including branch numbers), appraiser I's appraisal result, the purport of the whole pleadings

2. Determination as to the cause of action

A. Article 10-3(1) of the former Commercial Building Lease Protection Act (wholly amended by Act No. 15791, Oct. 16, 2018; hereinafter “the Commercial Building Lease Protection Act”) provides for the premium-related provisions of the Commercial Building Lease Protection Act (hereinafter “the premium-related provisions”) refers to a business interest of a person who conducts business in a commercial building which is the object of the lease or a person who intends to conduct business, depending on business facilities, fixtures, customers, credit, business know-how, and location of the commercial building.