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(영문) 대법원 2019.08.14 2018다297048
손해배상(기)
Text

All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

A. As to the ground of appeal No. 1, in light of the language and content of Article 10-4 of the former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter “former Commercial Building Lease Protection Act”), and the legislative intent, in cases where a lessee is unable to exercise the right to request the renewal of a contract for more than five years pursuant to Article 10(2) of the former Commercial Building Lease Protection Act, the lessor is obliged to protect the opportunity to recover the premium pursuant to Article 10-4(1) of the same Act.

[See Supreme Court Decision 2017Da225312 (main lawsuit) and 2017Da225329 (Counterclaim) Decided May 16, 2019] The lower court, citing the reasoning of the first instance judgment, determined that the Plaintiff is liable for damages against the Plaintiff pursuant to Article 10-4(1) and (3) of the former Commercial Building Lease Act, on the ground that the Defendant refused to enter into a lease agreement with D that the Plaintiff would become a new lessee arranged by the Plaintiff from three months to the end of the lease term and obstructed the Plaintiff from receiving the premium from D by refusing to enter into the lease agreement with D that would be a new lessee arranged by the Plaintiff.

The judgment below

Examining the reasoning in light of the aforementioned legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the requirements for the duty to protect a lessor’s opportunity to recover the premium under Article 10-4(1) of

B. As to the ground of appeal No. 2, citing the reasoning of the judgment of the court of first instance, the lower court: (a) citing the reasoning of the judgment of the first instance; (b) there is no sufficient means to pay the deposit or rent as a new lessee; or (c) there is a concern that the lessee may violate his/her duty as a lessee as provided in subparagraph 2; or (d) there is any other

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