1. The plaintiff's claim is dismissed.

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

Basic Facts

On August 2014, the Plaintiff leased the entire branch floor (hereinafter “instant real estate”) among the 4th floor buildings owned by the Defendant in Gangnam-gu Seoul Special Metropolitan City (hereinafter “instant real estate”) from August 16, 2014 to August 16, 2015, with the lease term of KRW 10,000,000, monthly rent of KRW 1,150,000, and operated the instant building.

On August 16, 2016, the above lease was implicitly renewed until August 16, 2016, and on July 18, 2016, the Defendant demanded the Plaintiff to enter into the lease contract by increasing the monthly rent by text messages.

On August 13, 2016, the Plaintiff was signed by D in the premium contract (hereinafter “the premium contract of this case”) stating the premium of this case as KRW 50,000,000,000.

On August 24, 2016, the Plaintiff entered into a premium contract with a new lessee D by text messages, demanded the Defendant to enter into a lease agreement, and sent a file of this case’s premium contract to the Defendant on August 31, 2016 by text messages.

On the same day, the defendant sent a text message to the effect that the plaintiff is unable to accept the content without any ground.

【Non-contentious facts, Gap 1, 3, 4, 5 evidence, Eul 1, 4, Eul 1, and 4, the plaintiff's assertion as to the purport of the whole pleadings, and the plaintiff's assertion as to this issue was demanded to conclude a lease contract with the new lessee D after concluding a premium contract with the new lessee D.

However, since the defendant refused to collect the premium without any justifiable reason and interfered with the plaintiff's opportunity to recover the premium, the plaintiff should compensate the plaintiff for 39,752,00 won and delay damages equivalent to the premium pursuant to Article 10-4 (3) of the Commercial Building Lease Protection Act.

The fact that the premium contract of this case was prepared between the Plaintiff and D with the content of transferring and taking over the right of lease regarding the building of this case is recognized as above.

However, the witness D.