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(영문) 대법원 2019.07.10 2018다239608
손해배상(기)
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the assertion of misconception of facts and misapprehension of legal principles as to the claim for damages due to interference with the collection of premiums

A. According to Article 10-4 of the Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter “Commercial Building Lease Protection Act”) prior to the amendment, a lessor was changed to a “six-month period” due to the amendment of the said Act for three months after the lease term expires.

A) An act falling under any of the subparagraphs of paragraph (1), such as demanding premium or refusing to enter into a lease agreement with a person who intends to become a new lessee pursuant to a premium contract, shall not interfere with the receipt of premium from a person who intends to become a new lessee (main sentence of paragraph (1)). In a case where a lessor, in violation of this provision, causes damages to the lessee, the lessor is liable to compensate for such damages. In such a case, the amount of compensation for damages shall not exceed the lower of the premium to be paid by a new lessee or the premium as at the time of termination of the lease (Paragraph (3). Here, the premium refers to the cost for transfer or use of tangible or intangible property value, such as business facilities, fixtures, customers, credit, business know-how, and business interest arising from the location of a commercial building subject to the lease, and the cost for transfer or use of money, etc. other than the deposit and rent (Article 10-3(1) of the Family Lease Act), and the premium refers to the cost for a new lessee to pay the premium to the lessee (Article 2(2).

In full view of the language, content, legislative intent, etc. of Articles 10-3 and 10-4 of the Commercial Building Lease Act, the lessee presents specific personal information.

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