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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 25, 2014, the Plaintiff entered into a lease deposit agreement with the Defendant on KRW 10,000,000, monthly rent of KRW 700,000 (after January 31, 201), and the commercial lease agreement with the Defendant for the period from August 31, 2014 to August 31, 2016 (hereinafter “instant lease agreement”). The terms and conditions of the instant lease agreement are as follows.
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B. On October 30, 2016, the Plaintiff handed over the instant commercial building to the Defendant. On November 2, 2016, the Defendant returned the remainder KRW 9,300,000 to the Plaintiff, deducting the rent from October 2, 2016.
[Ground of recognition] Facts without dispute, Gap 2 to 4 evidence, Eul 3 to 5 evidence, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff asserted that after the conclusion of the instant lease agreement, the Plaintiff invested an amount equivalent to KRW 27,355,000 for restaurant business due to the purchase of goods, such as internal construction, food and household appliances, etc., and that the Defendant obstructed the collection of the Plaintiff’s premium by demanding the new lessee to demand KRW 1,50,000 per month exceeding twice the existing rent to the new lessee. The Plaintiff asserted that the Defendant interfered with the collection of the Plaintiff’s premium by demanding compensation against the Defendant for damages.
(b) Articles 10-4 and 10-4 of the Commercial Building Lease Protection Act (including protection, etc. of opportunity to recover premiums) (1) No lessor shall interfere with receiving premiums from a person who intends to become a new lessee arranged by a lessee under a premium contract by engaging in any of the following acts from three months before the term of lease expires to the termination of the lease:
Provided, That the same shall not apply where any ground falling under any subparagraph of Article 10 (1) exists.
1. The lessee has been arranged;