1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. On June 5, 2014, the Plaintiff entered into a lease agreement with the Defendant on the condition that deposit money of KRW 30 million, monthly rent of KRW 1 million (Provided, That from December 1, 2014, KRW 1.1 million), and the lease term of KRW 24 months, the Plaintiff entered into a lease agreement with the Defendant on the condition that the same side of the first floor above the ground level (hereinafter referred to as “instant store”) among the buildings in Busan, Seo-gu C and D ground buildings, and operated the “E” convenience store at the instant store.

On June 1, 2016, the Plaintiff and the Defendant concluded a new lease contract by setting the lease term as from June 1, 2016 to 24 months.

(hereinafter referred to as the “instant lease contract” in total, including the initial lease contract and the newly concluded lease contract.

On April 25, 2018, the Defendant sent a written notice to the Plaintiff that the instant lease agreement will be terminated, and the Plaintiff delivered the instant store to the Defendant on May 31, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Eul evidence 1-1, the purport of the whole pleadings

2. Determination on a claim for damages equivalent to the premium

A. The Plaintiff asserted that the Plaintiff concluded a premium contract with the new lessee prior to the termination of the instant lease contract, and the Defendant’s refusal of the lease contract with the said new lessee arranged by the Plaintiff, thereby losing the opportunity to recover the premium. Therefore, the Defendant is obligated to compensate the Plaintiff for damages equivalent to KRW 10 million for the premium that the Plaintiff could have received.

B. 1) A lessor is liable for damages under the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Act”).

(2) If a lessee interferes with receiving premium from a person arranged by the lessee to become a new lessee in violation of Article 10-4(1) and causes damages to the lessee due to such interference, the lessor shall compensate for such damages (Article 10-4(3) of the Commercial Lease Act, Article 10-4(3) of the Commercial Lease Act, Article 10-4(3) of the same Act, and Article 10-4(1) of the same Act.