1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. On July 31, 201, the Defendant was entrusted with the management of C Underpasses stores by the Seoul Special Metropolitan City Facilities Management Corporation.

Article 9 (Cancellation of Contract) (1) When intending to terminate the contract due to the circumstances of the lessee, a written waiver of the lease shall be submitted.

(3) The lessor may terminate the principal contract in the following cases:

subparagraph 1: Where the contract is terminated due to a cause attributable to the lessor or lessee under this contract under Article 10 (Cancellation of Contract) of the suspension of business for at least 15 days without any justifiable ground, the amount equivalent to 10% of the total rent for the remaining contract period (the total sum of 6% annual interest on the rental deposit for the remaining contract period and the monthly rent for the remaining contract period) shall be paid to the other party.

Article 12 (Return of Security Deposit) (1) A lessor shall, upon termination or termination of a lease contract with a lessee, refund the security deposit paid by the lessee at the same time as the lessee takes over the object.

(2) If a lessee is delinquent in paying rent, management expenses, construction expenses incurred in installing convenience facilities, etc. to be paid by the lessee under Articles 3 and 4 as of the date of specification of an object, the lessor shall refund only the balance after deducting it from the rental deposit.

On September 29, 2014, the Defendant entered into a lease agreement with the Plaintiff as to D (hereinafter “instant store”) from October 13, 2014 to October 12, 2019, setting the lease term as KRW 33,571,200, deposit money as KRW 33,571,200, and monthly rent as KRW 1,398,80, respectively (hereinafter “instant lease agreement”). The instant lease agreement included the following matters related to the termination of the instant lease agreement, penalty, and return of deposit money:

On November 21, 2014, the Plaintiff filed an application for termination of the instant lease agreement (Evidence No. 5) and a written waiver of the right to lease (Evidence No. 6) with the Defendant.