In korea, giving and receiving of a key money and premium is common practices in real estate for commercial building usage. And it is generally believed that premium cannot be returned at the contract's due. The supreme court gave a decision that premium was not returned without special reasons in due, either. key money is generally made up from leased area, already furnished premium, contract period, a value of lease, etc. this premium is treated in a habitual practice because of lack of regulatory stipulations, so, there often is taking place many disputes over involving premium between a lessor and lessee. In the enacted 'Lease protection Law of business building', the stipulation of the key money is not established.
In considering that many times of insurance money is being delivered and receipted, it is not reasonable to be treated in practices, so, I think the stipulation for premium needs to be made in properly mothed.
This thesis is focused on legal feature of the premium, and protection way for the economic weak.
This thesis is composed 6 chapter.
In chapter I, the study purpose and extent and method of this thesis.
In chapter II, As general consideration, the meaning, the cause of formation, the pattern and kinds of the premium.
In chapter III, the legal understanding of the premium is treated.
In chapter IV, The example of foreign law of the premium is examine.
In chapter V, As the conclusion of the thesis, I insist on the protection way of the premium and the needs of the legislation for premium.
The premium and the insurance money in contracting the buildings for the commerical usage are a significant part of capitalistic and economic society, but unreasonable premium must be restricted for the perpose of protection of the week, namely, lessee and sublessee, so, it needs that the maxium of the premium must be restricted in stipulations, and the guarantee of the lease have to be lengthened.