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(영문) 대구고등법원 2018.08.24 2017나21191
임대차보증금반환등
Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) is revoked, and the revoked part is revoked.

Reasons

1. The portion claimed in the principal lawsuit;

A. Whether Article 10-4 of the Commercial Building Lease Protection Act applies (negative) 1) The Plaintiff’s assertion requested the Defendant to cooperate in the return of the premium or the collection of the premium through a new lessee at the time the period of lease of the commercial building leased by the Defendant expires, but the Defendant’s refusal of the request suffered losses not to recover the premium. The Defendant’s act constitutes interference with the collection of premium falling under Article 10-4(1)2 and 4 of the Commercial Building Lease Protection Act, and thus, the Defendant is obliged to pay the Plaintiff 251,087,000 won which is equivalent to the amount of the reasonable premium, and damages for delay pursuant to Article 10-4(3) of the same Act. 2) The relevant laws and regulations related to the instant legal principle are as listed in the attached Table “related Acts and subordinate statutes.”

According to the provisions of Article 10-3 of the Commercial Building Lease Protection Act (amended by May 13, 2015), “Premium” refers to a contract under which a person who runs a business in a commercial building, the object of the lease, or a person who intends to run a business, transfers or uses tangible or intangible property value, such as business facilities, fixtures, customers, credit, business know-how, and business interest points depending on the location of the commercial building, etc., and a lessor or a lessee pays money, etc. in addition to deposits and rents (paragraph (1)); and “Premium agreement” refers to a contract under which a person who intends to become a new lessee shall pay the lessee premium.

(2) According to Article 10-4 of the Commercial Building Lease Act (Newly inserted on May 13, 2015), a lessor shall not refuse to enter into a lease agreement with a person who wishes to become a new lessee arranged by a lessee without justifiable grounds from three months to the expiration of the lease term (Article 10-4). If a lessor causes damage to a lessee in violation of such provision, the lessor shall not compensate for such damage.

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