Text
1. As to the Plaintiff KRW 40,000,000 and KRW 10,000 among them, the Defendant shall pay to the Plaintiff KRW 30,00,000,00.
Reasons
1. Basic facts
A. On January 18, 2012, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amount of KRW 20 million, monthly rent of KRW 220 million, and from January 25, 2014, to lease the instant commercial building (hereinafter “instant lease agreement”) with the Defendant, and operated the real estate intermediary office in the instant commercial building with the trade name “E real estate.”
B. After that, the instant lease contract was extended. On August 4, 2015, the Defendant filed a claim against the Plaintiff for the delivery of the building on the ground that the Suwon District Court 2015da40803 terminated the instant lease contract. On November 24, 2015, the Plaintiff made a mediation to deliver the instant commercial building to the Defendant by November 25, 2017.
(hereinafter referred to as “instant conciliation”). C.
On January 6, 2017, the Plaintiff entered into a contract with F to transfer the right, including the entire establishment of the instant commercial building in the amount of KRW 50 million, and on January 10, 2017, sent a content-certified mail to the Defendant requesting the conclusion of a lease agreement with F. On January 13, 2017, the Defendant sent a content-certified mail stating that the Plaintiff would no longer lease the instant commercial building as the Defendant would use the instant commercial building.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 6, the purport of the whole pleadings
2. Determination on the cause of the claim
A. Article 10-4 of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”) (1) No lessor shall interfere with receiving premiums from a person who intends to become a new lessee arranged by the lessee according to the premium contract by engaging in any of the following acts from three months to the expiration of the lease term to the termination of the lease: