1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The main point of the Plaintiff’s assertion was that the Defendant, a pharmacist, and Nonparty C, from June 201, decided to operate a pharmacy in Suwon-gu, Busan (hereinafter “instant pharmacy”).

The terms and conditions of the Dong business set up a pharmacy in its own name, the plaintiff was responsible for the payment of the premium and the lease deposit, and the non-party C was responsible for the supply of the location, drug, etc.

Accordingly, the Plaintiff shared the amount of KRW 20 million for the lease deposit and KRW 50 million for the former lessee.

After that, upon expressing the intent of the Defendant to operate the instant pharmacy alone, the Defendant solely takes over the instant pharmacy through a third-party agreement around March 2012, and agreed to divide the premium and other assets of the instant pharmacy into KRW 100 million at the rate of 4:3:3 of each of the Plaintiff, the Defendant, and C to distribute the assets to the Plaintiff and C at the rate of KRW 100,000 per month, while the Defendant promised to pay the Plaintiff and C in return for profits.

On March 16, 2012, the Defendant returned to the Plaintiff a total of KRW 70 million, including the premium, etc. initially borne by the Plaintiff, KRW 20 million, and KRW 30 million, which is part of the premium, around April 12, 2012.

From March 4, 2012 to December 13, 2013, the Defendant transferred KRW 2 million each month to the Plaintiff and C as profit distribution funds, and did not pay it from January 2014, and thereafter, the agreement on the operation of the instant pharmacy was concluded around January 2015.

Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 20 million, not returned out of KRW 70,000,000 invested by the Plaintiff while entering into an agreement on the business of the instant pharmacy, ② KRW 48,000,000,000 equivalent to the Plaintiff’s share of KRW 40% of the appraised value of premiums and other assets as of January 2015 of the instant pharmacy, ③ from January 2014 to January 2015, including the sum of KRW 13,00,000,000,000, and damages for delay.

B. The defendant's assertion.