1. The appeal against the principal claim and counterclaim by the Defendant (Counterclaim Plaintiff) is dismissed, respectively.

2. The costs of appeal shall be principal lawsuit and counterclaim.

1. The reasoning for the court’s explanation concerning this part of the claim is as stated in the judgment of the court of first instance, “1. Basic Facts” and “2. Judgment on the Claim for Main Claims,” and thus, this part is cited in accordance with the main text of Article 420 of the Civil Procedure Act.

2. Judgment on the counterclaim

A. According to Article 10-4 of the Commercial Building Lease Protection Act asserted by the Defendant, a lessor may not refuse to enter into a lease agreement with a new lessee arranged by a lessee without any justifiable reason, and if a lessor causes damages to a lessee by violating this, he/she shall be liable to compensate for such damages. In such cases, the amount of compensation for damages shall be paid to a new lessee and the amount of the premium at the time of termination of the lease, whichever is lower.

On June 17, 2015, prior to the expiration of the instant lease agreement, the Defendant requested the Plaintiffs to conclude a lease agreement with F so that the Plaintiffs can receive premium of KRW 80,000,000 from F that the Defendant would become a new lessee.

However, the Plaintiffs refused this without justifiable reasons, and the premium assessed in the appraisal commission on the instant building is KRW 65,542,00.

Therefore, the Plaintiffs are obliged to pay the Defendant damages amounting to KRW 65,542,00 as stipulated in the Commercial Building Lease Protection Act, along with the delivery of the instant building from the Defendant.

B. 1) First, we examine whether the Plaintiffs are obliged not to interfere with the collection of premiums by the Defendant. The Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).

Article 10-4 (1) (the main sentence) provides for the premium for a person who intends to be a new lessee, arranged by the lessee according to the premium contract, by engaging in an act prescribed in the subparagraphs of paragraph (1) from three months before the lease term expires until the termination of the lease.