1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation established for the purpose of real estate sale, lease, etc., and is the owner of the second and fourth underground floors located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”), and Defendant C is the representative director of the Defendant Company.

B. On February 14, 2013, the Plaintiff entered into a lease agreement with Defendant Company on the entire first floor (236.53 square meters; hereinafter “instant store”) of the instant building with the term of lease from April 15, 2013 to April 14, 2016 (36 months), the lease deposit amount of KRW 100 million, and the rent monthly 4.5 million, and around that time, the Plaintiff operated E chain stores, a general restaurant at the instant store.

C. The instant lease agreement was extended for two months until June 14, 2016, and the Plaintiff transferred the instant store to the Defendant Company on the same day.

During the term of the instant lease agreement, the Plaintiff paid all the rent, management fee, etc.

Meanwhile, during the period from June 15, 2016 to June 22, 2016, the Plaintiff built the instant store’s restoration to its original state.

[Ground of recognition] without any dispute, Gap's 1-6 evidence, Gap's 26 evidence, the purport of the whole pleadings

2. Determination on the main claim

A. According to the fact that the lease contract of this case is terminated at the expiration of the term, barring any special circumstance, the Defendant Company is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum as prescribed by the Commercial Act from June 23, 2016 to August 12, 2016, the delivery date of a copy of the main office of this case, from June 23, 2016, which is the day after the Plaintiff delivered the store of this case and completed the construction of the restoration to the original state.

B. The Plaintiff asserts one claim for damages.