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Reasons
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(영문) 인천지방법원 부천지원 2018.01.10 2017가합101804
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 2005, the Plaintiff employed a pharmacist C, and leased the first floor of the Yeongdeungpo-gu Seoul Metropolitan Government D Building (hereinafter “instant building”) in the name of C by determining the lease deposit amount of KRW 80 million and KRW 10 million per month of rent, the Plaintiff established and operated a pharmacy (hereinafter “instant pharmacy”) in the name of C (hereinafter “instant pharmacy”).

Since then, the Plaintiff has employed a pharmacist in the above manner and has continued to operate the instant pharmacy in its name.

B. Around August 2007, the Plaintiff and the Defendant, who is a pharmacist, and the Plaintiff, who is equipped with facilities by investing the lease deposit, etc., employ the Defendant as a representative pharmacist, and operate the pharmacy in the name of the Defendant. The Plaintiff bears the Plaintiff’s profits and losses incurred from the operation of the instant pharmacy, and the Defendant concluded an agreement with the Plaintiff to receive KRW 5 million each month from the Plaintiff (hereinafter “instant agreement”).

C. Since then, E, F, and G, a lessor of the instant building, demanded an increase in the lease deposit and rent. On December 9, 2014, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the said lessor on the following grounds: (a) KRW 820,000,000; (b) monthly increase in the lease deposit with the said lessor in the name of the Defendant; and (c) KRW 13,00,000,000 per month; and (d) the lease period from April 1, 2015 to March 31, 2017.

The instant pharmacy closed on June 1, 2017.

E. The instant lease agreement terminated on March 31, 2017. Accordingly, the Defendant was returned KRW 754,526,510, which was the balance, obtained by deducting the aggregate of the rent and management expenses in arrears from KRW 82,00,000 from KRW 82,00,000,000 from KRW 5,473,49, from March 22, 2017 to June 2, 2017.

[Based on recognition] The evidence Nos. 1 through 5, Eul No. 4 (each number is included; hereinafter the same shall apply), and the purport of the whole pleadings

2. The general public who is not qualified to determine the cause of the claim shall be equipped with facilities by investing necessary funds.

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