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All appeals are dismissed.
The costs of appeal are assessed against the Defendants.
Reasons
The grounds of appeal are examined.
1. With respect to the claim for the delivery of leased object on the ground of the expiration of the Plaintiff’s lease term, the Defendants asserted that the Plaintiff could not deliver the leased object until the Plaintiff fulfilled the obligation to compensate for damages due to interference with the collection of premiums, and the lower court determined as follows and rejected the Defendant’s defense. A
1) Since the entire lease term of the instant lease agreement exceeds five years and the Defendants cannot demand the Plaintiff to renew the contract, the Plaintiff did not bear the duty to protect the opportunity to recover the premium pursuant to Article 10-4(1) of the Commercial Building Lease Protection Act. 2) Even if the Plaintiff’s duty to protect is recognized, there is no evidence to prove that the Defendants arranged for a new lessee to the Plaintiff, or refused to conclude a lease agreement with a new lessee arranged by the Defendants without justifiable grounds, and therefore, the Plaintiff did not bear liability for damages due to interference with the collection of premium against the Defendants.
B. Even if the Plaintiff is liable for damages due to interference with the collection of premiums, there is no relation between the lessor’s duty to compensate for damages due to interference with the collection of premiums and the lessee’s duty to return the leased object. Therefore, the Defendants’ simultaneous performance defense is without merit.
2. The Defendants alleged in the grounds of appeal by the Defendants asserted that the lower court, which did not recognize the Plaintiff’s liability for damages, erred by misapprehending the legal doctrine on Article 10-4(1) of the Commercial Building Lease Protection Act and violating the bounds of the principle of free evaluation of evidence
3. Judgment of the Supreme Court
A. The right to defense of simultaneous performance is related to each other’s obligation on the basis of the concept of fairness and good faith.