1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. On April 27, 2013, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 40 million and KRW 1.6 million monthly rent (hereinafter “instant lease agreement”) with respect to the building 101 on land outside Seongdong-gu Seoul, Seongdong-gu, Seoul and two parcels owned by the Defendant (hereinafter “instant store”). The Plaintiff’s lease agreement was terminated while operating the instant store at the instant store and the Defendant delivered the instant store to the Defendant on May 1, 2016, and there is no dispute between the parties.

2. The assertion and judgment

A. Even if the Plaintiff’s assertion termination of the instant lease agreement, the Defendant should guarantee the Plaintiff the opportunity to recover the premium pursuant to Article 10-4 of the Commercial Building Lease Protection Act.

On April 27, 2016, the Plaintiff entered into a premium agreement with D with KRW 14 million for the instant store, and arranged D to the Defendant as a new lessee. The Defendant refused to enter into a lease agreement with the new lessee on the ground that the use of the new lessee’s store was not a pharmacy.

Accordingly, the plaintiff suffered a loss equivalent to the premium, and thus the defendant shall compensate the plaintiff for the loss.

B. On the basis of the judgment, the evidence presented by the Plaintiff alone decided that the Plaintiff entered into a lease agreement with a new lessee.

It is insufficient to view that the Defendant interfered with receiving premiums from a person arranged by the Plaintiff as a new lessee, and there is no other evidence to acknowledge it.

Therefore, we cannot accept the plaintiff's assertion.

3. The plaintiff's claim for conclusion is dismissed on the ground that it is not reasonable.

The judgment of the court of first instance is justified in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.