1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 2015, the Plaintiff entered into a contract with the Defendant to lease (B) No. 2375 (hereinafter “instant store”) located in Jongno-gu Seoul Metropolitan Government, Jongno-gu, Seoul (hereinafter “instant store”) by setting the deposit amount of KRW 25,00,000, monthly rent of KRW 2,200,000, and the lease period of KRW 5,00,000, and from October 5, 2015 to October 4, 2016.

(hereinafter “instant lease agreement”). B.

In addition, apart from the instant lease agreement, the Plaintiff entered into a contract with the Defendant to pay KRW 45,00,000 for the instant store premium (facilities) to the Defendant (hereinafter “instant premium contract”) and paid KRW 45,00,000 to the Defendant.

C. The Plaintiff operated a business upon delivery of the instant store under the instant lease agreement, and the term of the contract after the expiration of the said lease agreement was renewed once and continued until October 2017, and retired on October 25, 2017.

At the time of the Plaintiff’s withdrawal from the store of this case, the Defendant returned to the Plaintiff the remainder KRW 11,621,611, which remains after deducting the unpaid rent, management fee, etc. from KRW 25,00,000 for the instant lease contract.

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

2. The assertion and judgment

A. The Defendant asserted that the Plaintiff entered into the instant premium contract with the Plaintiff and agreed to refund KRW 45,00,000 to the Plaintiff at the time of termination of the instant lease contract, but only received the instant store from the Plaintiff after termination of the lease and only returned the premium to the Plaintiff. The Defendant entered into the instant lease contract without premium for other adjacent stores owned by the Plaintiff. The instant store is a public room after the Plaintiff moved out, and is more than the terms and conditions of the instant lease contract without premium.