1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 26, 2012, the Plaintiff entered into a contract with the Defendant to lease the instant commercial building from the Defendant (hereinafter “instant lease contract”) by setting the lease deposit amount of KRW 100 million, monthly rent of KRW 2.5 million, premium of KRW 150 million, and period of lease of KRW 36 months from December 26, 2012, with respect to the first floor of, and KRW 88 square meters (hereinafter “instant commercial building”).

B. Since then, this Court 2016Gahap171 case between the Plaintiff and the Defendant, the monthly rent of the instant commercial building was KRW 2,625,00 from December 26, 2015 to December 25, 2017, and the period of the lease was until December 25, 2017.

C. As the lease contract between the Plaintiff and the Defendant with respect to the instant commercial building terminates on December 25, 2017, the Plaintiff transferred the instant commercial building to the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff asserted that the Defendant demanded a person who intends to become a new lessee of the instant commercial building arranged by the Plaintiff to be more than 70% of the previous monthly rent, and that the Plaintiff would receive the premium from the Plaintiff by refusing to enter into a contract with the said new lessee without justifiable grounds.

Since the defendant's above act causes damage to the plaintiff, the defendant should pay to the plaintiff the amount of KRW 150 million equivalent to the premium for the commercial building of this case, which the person who intends to become a new lessee pursuant to Article 10-4 (3) of the Commercial Building Lease Protection Act intends to pay to the plaintiff, and the delay damages therefor.

3. Determination

(a) The provisions of Article 10-4 (Protection of Opportunity for Collecting Premiums, etc.) of the Commercial Building Lease Protection Act (hereinafter referred to as the "Commercial Building Lease Protection Act") (1) The lessor shall fall under any of the following subparagraphs from three months to the expiration of the lease term: