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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 5, 2011, the Defendant leased the building indicated on the attached real estate to the Plaintiff with a deposit of KRW 10,000,000, monthly rent of KRW 1,200,000, and the period of October 12, 2016.
(hereinafter “instant lease agreement”)
(B) B. From June 2016 to October 2016, the Plaintiff did not pay to the Defendant KRW 6,00,000 for five-month rent (i.e., KRW 1,200,000 x 5 months). (c) The Defendant, via content-certified mail, sent to the Plaintiff an expression of intent to refuse the renewal of the contract on July 11, 2016, and “the expression of intent to terminate the contract due to delay in rent” on October 19, 2016. [Grounds for recognition] evidence A, evidence B, and evidence B, including each number, and the purport of the entire pleadings.
2. Judgment on the plaintiff's assertion
A. The gist of the Plaintiff’s assertion was, before the termination of the instant lease agreement, introduced C to the Defendant as a new lessee, and received KRW 40 million as premium from C, but a new lease agreement was nonexistent due to the Defendant’s obstruction.
Since the defendant's act violates Article 10-4 of the Commercial Building Lease Protection Act, the defendant is obligated to pay the plaintiff the premium of KRW 50 million which the plaintiff originally paid to the plaintiff as compensation for the damages incurred thereby, and damages for delay.
B. Article 10-4(1) of the Commercial Building Lease Protection Act imposes on a lessor a duty not to interfere with the collection of premiums to protect a lessee’s opportunity to recover premiums. However, the same shall not apply to cases where a lessee has failed to pay rents to the amount equivalent to three times’ rents (Articles 10-4(1) and 10(1)1 of the Commercial Building Lease Protection Act). However, the Plaintiff is a lessor due to the fact that the Plaintiff has failed to pay rents to the amount equivalent to three times’ rents prior to the termination of the instant lease contract.