1. The plaintiff's claim is dismissed.

2. One-fifth of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

1. Facts of recognition;

A. On October 31, 2017, the Plaintiff entered into a lease contract with the Defendant for the lease deposit amounting to KRW 85,000,000, and for the lease period from October 31, 2017 to October 30, 2019 (hereinafter “the lease contract of this case”), and paid the Defendant the full amount of the said lease deposit to the Defendant, including the lease deposit amounting to KRW 4,00,000,000, and the remainder amount of KRW 81,00,000,000, October 31, 2017.

The lease contract of this case is that the lessee pays KRW 60,00 per month as management expenses for cleaning stairs, such as Internet use, electricity for public use, cable hub, water supply, septic tank, and stairs.

B. Since July 2019, the Plaintiff did not want to extend the instant lease agreement to the Defendant, the Plaintiff notified the Defendant of the return of the deposit, and delivered the instant studio to the Defendant on November 15, 2019.

C. On December 12, 2019, the Defendant returned KRW 84,142,500 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the instant lease contract was terminated upon the lapse of October 30, 2019, and thus, the Defendant is obligated to refund the lease deposit to the Plaintiff, barring any special circumstance.

B. The Defendant’s assertion of mutual aid is that the sum of the management expenses from October 31, 2017 to November 15, 2019, which the Plaintiff delivered from October 31, 2017 to November 15, 2019 (=60,000 wonx (24 15/30)). The Plaintiff did not pay management expenses of KRW 870,00,000. The fact that the Plaintiff did not pay the total of KRW 14,690 and gas charges of KRW 17,50,00 are recognized by the purport of the pleadings. Thus, the above management expenses and electricity charges of KRW 887,50,00 (=870,000) should be deducted from the lease deposit to be refunded by the Defendant.

On the other hand, the Plaintiff is unpaid.