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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
Reasons
1. Facts of recognition;
A. On August 28, 2014, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 50,00,000, monthly rent of KRW 2,200,000, and the lease term from August 31, 2014 to August 31, 2017 (hereinafter “instant lease agreement”). Around that time, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 50,00,00, monthly rent of KRW 2,200,00, and operated the instant building with the trade name “C”.
B. Article 4 of the instant lease agreement provides that “If a lessee has failed to pay a rent more than twice consecutively or violates Article 3, a lessor may terminate this contract without delay.” Article 3 provides that “The lessee shall not change the use or structure of the instant building without the consent of the lessor or sub-lease, transfer the right of lease or offer the security, or use it for any purpose other than the purpose of lease.”
C. The instant lease agreement was explicitly renewed on August 31, 2018, on the grounds that there was no notification of rejection of renewal or notification of modification of the terms and conditions between six months and one month prior to the expiration of the term.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, and the purport of whole pleading
2. Determination on the main claim
A. Plaintiff’s assertion 1) The Plaintiff concluded a premium contract equivalent to KRW 30,000,00 with D husband and wife wishing to become a new lessee around July 2017, and arranged the said new lessee to the Defendant. However, the Defendant refused to conclude a lease contract with D husband and wife or demanded D husband and wife significantly high rent and deposit to the Plaintiff and obstructed the Plaintiff’s opportunity to recover the premium without justifiable grounds. 2) Furthermore, the Plaintiff concluded a premium contract equivalent to KRW 30,000,000 with E that the Plaintiff wishes to become a new lessee on March 5, 2018 and arranged the said new lessee to the Defendant without justifiable grounds.