The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. citing the reasoning of the judgment of the court of first instance, the lower court denied the Defendant’s liability for damages against the Plaintiff on the ground that, inasmuch as the period of lease under the instant lease is six years and the Plaintiff could not request the Defendant to renew the lease contract at the time of termination, Article 10-4(1) of the former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter “former Commercial Building Lease Protection Act”) which provides for the duty to protect the lessee’s opportunity to recover the premium, and even if the Defendant bears the obligation not to interfere with the Plaintiff’s collection of the premium under the said provision, even if the Defendant bears the obligation not to interfere with the Plaintiff’s collection of the premium, the Defendant cannot be deemed to have committed an act falling under Article 10-4(1)3 and 4 of the former Commercial Building Lease Protection Act, such as demanding rent and deposit, or refusing to conclude the contract without justifiable grounds.

2. In light of the language, content, and legislative intent of Article 10-4 of the former Commercial Building Lease Act, even in cases where a lessee is unable to exercise the right to request renewal of a contract for the whole period including the initial period of lease pursuant to Article 10(2) of the former Commercial Building Lease 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), 2017Da225329 (Counterclaim) Decided May 16, 2019). Examining the foregoing legal doctrine in light of the foregoing, the lower court determined that Article 10-4(1) of the former Commercial Building Lease Act does not apply where the lessee is unable to request the renewal of the contract to the lessor after the lapse of five years from the lease term.