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Reasons
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(영문) 대구지방법원 2017.12.13 2017가단1964
대여금등
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Deposit for basic facts: Five years (60 months) special agreement from June 1, 2015 to May 31, 2020: Rent of KRW 1,500,000 per month;

1. 15,00,000 won for facility costs shall be paid at the time of the contract.

2. The lessor shall arrange for the goods inside and outside the store; and

3. The lessor shall consent when the lessee is to transfer on the same terms of lease;

On April 22, 2015, the Plaintiff’s agent D ( husband of the Plaintiff) drafted a lease agreement with respect to Defendant C’s agent E (the above Defendant’s wife) and F’s store located in the Daegu-gu, Seo-gu (Smarket; hereinafter “instant store”) owned by the Defendant on the following terms:

However, the actual deposit of the above lease contract is 25,000,000 won, and matters concerning the facility cost are prepared formally.

On May 6, 2015, the Plaintiff’s agent D and Defendant B entered into an operation consignment agreement on the instant store with the following contents.

[A] The Plaintiff is the Plaintiff, and the “B” is the Defendant B]

1. “A” shall invest a deposit of KRW 50,00,000 and premium of KRW 20,000,000 for operating capital, KRW 10,000 for operating capital, and KRW 80,00,00 for monthly interest of KRW 80,000 for the last day of June, and “B” shall be paid to “A” on the last day of June.

2. All losses and benefits arising in the course of operations shall be borne by “B”.

3. When selling this place of business, the premium limit amount among the premium limit amount shall be distributed between A and B to 50:50.

Part of loss after liquidation shall also be borne by "A" and "B" 50:50.

4. The facility cost amount for arranging competitors shall be added to the cost of premiums;

Deposit: Amount of rent of KRW 50,000: Amount of KRW 1,600,000 per month (prepaid on June 1, 2015): From June 1, 2015 to May 31, 2020, the lessor shall consent to the lessor at the time that the lessee is to transfer under the same terms and conditions as those agreed upon by the lessee.

Defendant B and Defendant C’s agent E enter into a lease agreement with respect to the instant store in the presence of D on May 6, 2015 as follows.

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