beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 3, 2012, the Plaintiff: (a) leased the leased deposit amount of KRW 30 million, monthly rent of KRW 120,000,000 from September 4, 2012 to September 3, 2015; (b) provided the Defendant with KRW 50,000,000 as premium for the pre-existing marina business; and (c) operated a marina in the instant shopping district.
B. Since then, the term of the above lease was renewed until September 3, 2017, and the Plaintiff knew that the term of the lease was renewed to the Defendant on or after the beginning of August 2017.
C. On October 22, 2017, the Plaintiff handed over the instant commercial building to the Defendant. Around that time, the Defendant returned the deposit to the Plaintiff KRW 30 million.
[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument
2. The assertion and judgment
A. As a result, upon the Defendant’s request to recover the premium through the Plaintiff’s new lessee’s assertion, the new lessee was to transfer the right to KRW 50 million with the new lessee on September 11, 2017, thereby requesting the Defendant to enter into a contract with the new lessee.
However, the defendant has lost the opportunity to recover the premium without justifiable grounds by unfairly refusing to enter into a contract on the ground that the new lessee wishes to conduct 24 hours of business like the convenience store.
Therefore, the defendant is obligated to pay 5 million won to the plaintiff for damages caused by loss of opportunity to collect the premium.
B. The facts that the new lessee of the Plaintiff, who had colored, wished to run 24 hours of business, did not enter into a lease agreement with the new lessee are also disputed. However, in light of the location, structure and size of the commercial building of this case recognized by the purport of the entire pleadings, and the health status of the Defendant, etc., as seen above, in the written evidence Nos. 1 through 4, Nos. 1 and 2.