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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Basic facts
A. From July 2010 to August 201, the Plaintiff leased from the Defendant the part of the first floor (Concurrent use of neighborhood living facilities and housing) of the Dongjak-gu Seoul Metropolitan Government D Ground Building (hereinafter “instant building”) owned by the Defendant at KRW 66,00,000, monthly rent of KRW 250,000 (hereinafter “instant lease agreement”), and operated an beauty room with the trade name “E” at the same time.
However, the Plaintiff and the Defendant separately prepared a lease agreement on July 21, 2010, stating that the leased object was 2 partitions in the instant building, 35,000,000 won, and the term of lease from June 21, 2010 to July 21, 2012, stating that the leased object was 31,00,000 won among the instant buildings, and the term of lease was 2 years from August 30, 2010, stating that the lease object was 31,00,000 won among the instant buildings, and the lease agreement was 30,000 won.
B. While the instant lease contract had been implicitly renewed several times after the expiration of the term, the Plaintiff and the Defendant agreed to increase the instant lease deposit to KRW 100,000,000 in total, around March 8, 2019. Accordingly, the Plaintiff paid KRW 34,00,000 to the Defendant on the same day.
C. However, on March 13, 2019, the Defendant returned to the Plaintiff KRW 34,00,000 equivalent to the above increased lease deposit amount to the Plaintiff’s deposit account in the name of F. On May 14, 2019, the Defendant returned KRW 66,000,000 on March 16, 2019 (the Defendant’s transfer from the Defendant’s G deposit account in the name of G to the Plaintiff’s deposit account in the name of the Plaintiff), and the Plaintiff returned KRW 5,60,000 on March 17, 2019, respectively, and the Plaintiff sent text messages to the Defendant on March 18, 2019 by having returned KRW 59,400,000 on May 14, 2019.
On May 14, 2019, the Plaintiff delivered the part of the first floor of the instant building to the Defendant and deducted 2,564,000 won from the Defendant’s remainder of lease deposit amounting to 59,40,000.