1. The plaintiff's claim is dismissed.

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

Basic Facts

On or around February 1, 2008, the Plaintiff entered into a contract with the Defendant to lease the instant commercial building (hereinafter “instant commercial building”) with a deposit of KRW 20 million, annual rent of KRW 13 million (excluding value-added tax), and from February 1, 2008 to January 30, 2010 (hereinafter “instant lease contract”). Around that time, the Plaintiff has paid a deposit of KRW 20 million to the Defendant and operated a restaurant with the name “D” from the instant commercial building (hereinafter “D”).

Even after January 30, 2010, the expiration date of the instant lease agreement, the Defendant notified the Plaintiff of the termination of the instant lease agreement several times from May 2016 to September 2016.

[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1 and 6 (including the number of branch numbers; hereinafter the same shall apply), and the gist of the plaintiff's argument as to the whole argument, which the plaintiff refuses to enter into a lease contract with Eul who intends to be a new lessee arranged by the plaintiff, thereby hindering the plaintiff from receiving premiums according to the premium contract with Eul. Thus, the defendant is liable to compensate the plaintiff for damages suffered by the plaintiff pursuant to Article 10-4 (1) and (3) of the Commercial Building Lease Protection Act (hereinafter "Commercial Building Lease Protection Act"), which are equivalent to the premium for the commercial building of this case.

Judgment

The main text of Article 10-4(1) of the Commercial Building Lease Act provides that the lessor shall not interfere with receiving the premium from a person who intends to become a new lessee arranged by the lessee according to the premium contract by doing an act prescribed by the subparagraphs of paragraph (1) from three months before the lease term expires to the termination date of the lease.

Article 10-4 of the Commercial Building Lease Act is the result of the cost invested by the lessee or business activities.