1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. On December 5, 201, the Plaintiff asserts that, after the termination of the Plaintiff’s lease, the Defendant, who leased the said store from D, has the obligation to pay the premium or obligation to return unjust enrichment (a reasonable amount corresponding to the premium paid by the Defendant from E who acquired the right of lease to the Defendant) to the Plaintiff.

Premium refers to the cost of transfer or use of tangible and intangible property value, such as business facilities, fixtures, customers, credit, business know-how, and business interest in accordance with the location of a commercial building, which is the object leased by a person who conducts a business or intends to conduct a business, in addition to deposits and rents (see, e.g., Supreme Court Decision 2012Da115120, May 9, 2013). The effect of the premium is determined by an agreement between the parties to the lease or in accordance with relevant commercial customs.

In order to accept the claim of this case, it should be recognized that there is an agreement or custom to pay the premium between the plaintiff and the defendant, and since there is no evidence to acknowledge it, the plaintiff's claim is without merit.

2. As such, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.