The defendant shall pay 5,00,000 won to the plaintiff. The remaining claims of the plaintiff are dismissed.

The costs of lawsuit are assessed against the defendant.

Facts of recognition

A. On January 10, 2017, the Plaintiff entered into a lease agreement with the Defendant on a deposit amount of KRW 50,000,000 for the rent of Kuyang-gu C and D and from February 17, 2017 to February 16, 2018 (hereinafter “instant lease agreement”), and paid KRW 5,00,000 to the Defendant around that time.

B. On February 17, 2019, the Plaintiff agreed to increase the amount of KRW 5,00,000 with the Defendant and the deposit to KRW 5,00,000, and extended the contract period for one year.

(c)

On December 4, 2019, the Plaintiff expressed his/her intent to refuse the renewal of the instant lease contract and sent a certificate of content that seeks the return of the deposit to the Defendant, and the certificate of content reached the Defendant around that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. As to the amount of deposit for lease, the Plaintiff, on October 2018, entered into a lease agreement with a third party and requested the Defendant to terminate the lease agreement under the condition that he/she delivered the down payment of KRW 5,000,000,000 with a plan to move his/her residence around October 201. However, the Defendant, upon requesting the renewal of the instant lease agreement, agreed to increase the deposit in KRW 5,00,000, and to substitute the said down payment paid by the Plaintiff for compensation by the Defendant.

The defendant asserts that the plaintiff did not receive the increased deposit from the plaintiff.

2) The following circumstances, which can be acknowledged by comprehensively taking account of the facts acknowledged earlier and the overall purport of the theory of changes, i.e., the Plaintiff did not need to extend the instant lease agreement even when he renounces down the down payment of the lease agreement concluded with the third party. The Defendant stated in the instant lease agreement that “The amount of KRW 5 million per annum 17, 2019 shall be increased, KRW 5,000,000,000,000, and the amount shall be deducted first and shall be subject to repayment terms, as agreed within one year from the extension of the contract.”