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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
Reasons
1. Basic facts
A. On June 15, 2015, the Plaintiff: (a) leased from the Defendant a deposit of KRW 5,000,000, monthly rent of KRW 600,000; and (b) from June 30, 2015 to June 30, 2017, each of the lease agreements was renewed (hereinafter referred to as “instant lease agreements”) by setting each deposit of KRW 15,000,000, monthly rent of KRW 650,000, and monthly rent of KRW 650,000 from June 30, 2017 to June 29, 2019.
B. On September 30, 2018, while operating a beauty room at the instant store, the Plaintiff agreed with the Defendant on September 30, 2018 to terminate the instant lease agreement. On September 17, 2018, the Plaintiff entered into a contract to transfer D and the instant store rights (facilities) to KRW 15,000,000 for premiums (hereinafter “the instant premium agreement”).
C. On September 18, 2018, D entered into a contract with the Defendant to lease each of the instant stores with a deposit of KRW 15,000,000, monthly rent of KRW 800,000, and the lease period from September 30, 2018 to September 30, 2020 (hereinafter “new lease contract”), and paid the Defendant the down payment of KRW 1,50,000 on the same day.
[Ground of recognition] Facts without dispute, Gap evidence 2 through 4, Eul evidence 1, the purport of the whole pleadings
2. Determination as to the cause of action
A. Since the Defendant unilaterally reversed the Plaintiff’s new lease contract and interfered with the opportunity for the Plaintiff to recover the premium that the Plaintiff could have received from D pursuant to the premium contract of this case, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 15,000,000 and damages for delay pursuant to Article 10-4 of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).
B. Article 10-4(1) of the Commercial Building Lease Act provides that a lessor is arranged by a lessee without any justifiable reason from six months to six months after the lease term expires.