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(영문) 서울중앙지방법원 2017.11.24 2016가단5152502
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 16, 2014, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to 30,000,000, monthly rent of KRW 1,000,000 (the payment date shall be 20,000, monthly rent of KRW 1,000,000 (the 20th day of each month), and the lease term from June 20, 2014 to June 20, and the fact that the Plaintiff operated a restaurant at that place does not conflict between the parties or may be recognized by the statement in subparagraph 1.

2. The plaintiff's assertion and judgment

A. The Plaintiff, who wishes to become a new lessee, tried to enter into a premium contract with Nonparty D for the premium of KRW 21 million.

However, the defendant refused to enter into a lease agreement with the above D without any justifiable reason, thereby hindering the plaintiff from recovering the premium.

Therefore, according to Article 10-4 of the Commercial Building Lease Protection Act, the defendant is obligated to pay the plaintiff 21 million won equivalent to the above premium as compensation for damages.

B. Article 10-4(1) of the Commercial Building Lease Protection Act provides that in order to protect a lessee’s opportunity to recover the premium, a lessor shall not interfere with the lessor’s receipt of the premium from a person who intends to become a new lessee arranged by the lessee pursuant to the premium contract by doing an act falling under any of the subparagraphs of paragraph (1) of the said Article. The proviso provides that the same shall not apply to cases where there is a reason falling under any of the subparagraphs of Article 10(1) where the lessee has been in arrears with the amount equivalent to the three-year rent.

According to the purport of the statement of No. 1 and the purport of the entire pleadings, the Plaintiff did not pay to the Defendant the amount of four (4) years from June 20, 2014 to February 20, 2016 (4).

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