대여금
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim corresponding to the above revocation part.
1. Facts of recognition;
A. On January 208, the Defendant: (a) held a standard lease contract under the name of a lot shopping company (hereinafter “stock company’s name”) and issued money loan contract for KRW 80 million as of August 2009, with the lease deposit as of the date of the contract; (b) concluded a lease contract under the name of a lot shopping company (hereinafter “stock company”) to pay KRW 15 million monthly profit if it invests in the form of lease deposit in a lot store within the department store C (hereinafter “instant restaurant”); (c) concluded a lease contract under the name of a lot shopping company (hereinafter “stock company”) and received money from E on December 9, 2008, with the lease deposit as of December 2009 as of the date of the contract; and (d) transferred KRW 30 million from December 2009 to E during the lease period as of November 209 to the date of the lease; and (d) received money loan contract for consumption from E on January 9, 2008.
B. In addition, around January 3009 and around August 2009, the Defendant entered into a lease agreement with E to the “FUBU store” store located in the department store C (hereinafter “instant store”) and paid KRW 350 million monthly proceeds from the payment of KRW 10 million to the account on the spot shopping, and he heard her her flocks that he/she transfers the monthly proceeds of KRW 10 million to the account, and on September 30, 2009, he/she entered into a lease agreement with E, a lease deposit of KRW 350,000,000,000,000 won, monthly rent of KRW 2,980,000,000, and from December 2, 2009 to November 2012 (hereinafter “instant lease agreement”).
The main contents of the instant lease agreement are as follows.
(See evidence 1) 【Mains of the Special Agreement on Lease】
6. The sales profit shall be calculated as 0 million won per month after the settlement of all the expenses, such as rents, personnel expenses, management expenses, and facility user fees, after the average monthly sales.
8. The lot shopping shall pay 20 million won per month to the account designated by the Plaintiff by the 20th day of each month;
9. In principle, the following month shall be settled after the closure of the current business with respect to the payment of sales profits;
(c).