1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 16, 2013, the Plaintiff, from the Defendant on August 16, 2013, operated a restaurant with the name of “C points”, which is “C points” in the name of KRW 250 million, monthly rent of KRW 13 million (from October 1, 2013, KRW 11 million was reduced), and the term of lease by July 1, 2015.

B. On June 25, 2015, the Plaintiff sent a content-certified mail demanding the return of the deposit to the Defendant by proving that the Plaintiff did not intend to renew the instant lease agreement.

C. On July 26, 2015, the Plaintiff transferred the instant real estate to the Defendant and received the deposit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 6, 7, 8, 9, 10 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion made efforts to seek a new lessee to recover the premium at the time of expiration of the lease term. The Plaintiff expressed his/her intent to rent the new lessee D to “20 million won of security deposit and monthly rent of KRW 10 million,” and the Defendant expressed that the new lessee D would not enter into a lease agreement with the person who seeks to run a restaurant and would receive KRW 250 million of the existing security deposit and KRW 110 million of the monthly rent and KRW 250 million of the monthly rent and KRW 10 million of the monthly rent, and eventually, D would waive the lease agreement.

After that, on August 27, 2015, the defendant entered into a lease contract with E and deposit KRW 200 million, monthly rent of KRW 10 million.

Ultimately, the defendant has a duty to pay 100 million won and damages for delay equivalent to the premium, as the plaintiff has obstructed the plaintiff from receiving the premium from a new lessee in violation of Article 10-4 (1) of the Commercial Building Lease Protection Act.

B. Article 10-4(1) of the Commercial Building Lease Protection Act provides, “The lessee is a person who wishes 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.”