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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 27, 2011, the Plaintiff entered into a lease agreement with the first floor D units of the Gangnam-gu Seoul Metropolitan Government Cbuilding (hereinafter “instant store”) owned by the Defendant with deposit deposit of KRW 50,000,000, monthly rent of KRW 3,500,000, and the lease term of KRW 24 months from May 7, 201 (2 years) and thereafter operated the instant store with the trade name “E” at the instant store.
B. The above lease agreement was renewed once with the same content, and the amount of KRW 4,00,00 was increased to the monthly rent of KRW 4,00,000, and the term of the lease was set from May 7, 2015 to 24 months (two years) and entered into between the Plaintiff and the Defendant.
C. On May 6, 2017, the expiration date of the instant lease agreement, the Plaintiff delivered the instant store to the Defendant and removed.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings
2. Judgment on the ground of the Plaintiff’s claim
A. On April 19, 2017, the Plaintiff asserted that the Plaintiff entered into a contract on acquisition of facility rights of 100 million won for the premium with Nonparty F (hereinafter “instant premium contract”) and arranged F to the Defendant as a new lessee. Since the Defendant refused it without justifiable cause and obstructed the collection of the Plaintiff’s premium, the Defendant is obligated to pay 100 million won and delay damages equivalent to the amount of the premium pursuant to Article 10-4(1)3 and (3) of the Commercial Building Lease Protection Act to the Plaintiff.
B. Determination 1) Article 10-4 of the former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018) (1) (1) (such as protection of opportunity to recover premiums, etc.) (1) No lessor shall interfere with receiving premiums from a person who intends to become a new lessee arranged by the lessee according to the premium contract by doing any of the following acts from three months to the expiration of the lease term to the expiration of the lease:
Provided, That the subparagraphs of Article 10 (1) shall be applicable.