A. On August 15, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease a brin restaurant located in the land of Ulsan-gun, Ulsan-gun, with a lease deposit of KRW 400 million, monthly rent of KRW 15 million, and the lease period from September 1, 2012 to August 31, 2014 (hereinafter “instant lease agreement”).

B. On August 16, 2012, the Defendant entered into an agreement with the Plaintiff that (i) the instant lease agreement becomes null and void if D does not begin, and (ii) the Plaintiff immediately returned the deposit to the Plaintiff, and (iii) the Plaintiff’s actual income would be at a problem compared to the deposit and monthly rent; and (iv) the Plaintiff’s response to the adjustment of the monthly rent or the termination of the contract (hereinafter “instant agreement”).

C. On August 17, 2012, the Plaintiff paid KRW 300 million out of the lease deposit to the Defendant on August 17, 2012 under the said lease agreement, but no subsequent D does not begin, thereby raising profits in the course of operating the Haba restaurant. Accordingly, the Defendant was not paid the monthly rent from the Plaintiff.

The plaintiff demanded the defendant to return the deposit amount of KRW 300 million to the defendant who did not start D during the term of lease, and suspended the brine restaurant on September 30, 2015.

E. Since then, the Ulsan District Court E with respect to the brine restaurant, the procedure for the auction of real estate rent was conducted, and the Plaintiff received a distribution of KRW 3 million.

2. Determination

A. As seen in the above facts finding as to the cause of claim, D had not commenced during the term of the lease stipulated in the instant lease agreement. As such, the Defendant calculated damages for delay calculated at the rate of 297 million won (30 million won - three million won) payable to the Plaintiff pursuant to the instant agreement and 15% per annum under the Commercial Act from October 1, 2015 to October 22, 2017, the delivery date of the copy of the instant complaint, which is the date of delivery of the copy of the instant complaint, from October 22, 2017, by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.