1. Of the part concerning the counterclaim in the judgment of the court of first instance, the amount equivalent to the following amount ordered to be paid (Counterclaim Plaintiff).

1. The court's explanation on this part of the facts of recognition is the same as the part of "1. Recognizing facts" among the grounds of the judgment of the court of first instance. Thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure

2. The parties' assertion

A. On February 20, 2018, before the termination of the instant lease agreement, the Defendant concluded a premium agreement with G to recover the premium for the instant building, and notified the Plaintiff of such fact, but the Plaintiff was directly operating the restaurant, and the said premium agreement was reversed due to the Plaintiff’s failure to meet a new lessee.

Accordingly, the defendant is responsible for compensating the plaintiff because the defendant has suffered loss equivalent to the premium because it has been interfered with the opportunity to recover the premium.

B. Since the contract of this case terminated due to the expiration of the term, the Plaintiff is not liable to return the premium to the lessee, and the entire term of the lease is five years, and the Defendant is not entitled to request the renewal of the contract. Therefore, the Defendant is not entitled to seek damages due to interference with the collection of premium.

② The Defendant did not arrange for a new lessee by providing the Plaintiff with information on the financial capacity of the new lessee. Therefore, the Plaintiff cannot be deemed to have obstructed the collection of premiums under the Commercial Building Lease Protection Act.

3. Determination

A. Whether the obligation to protect the opportunity to recover the premium arises to the Plaintiff or not, the Supreme Court held that the lessee is liable to return all or part of the premium only when there are special circumstances, such as the termination of the lease contract even under the previous circumstances of the lessor, and the failure to utilize the property value during the quantitative period. However, the Commercial Building Lease Protection Act amended on May 13, 2015 is the new lessee arranged by the lessee pursuant to the premium contract from six months before the lease term expires to the expiration of the lease term.