매매대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On May 19, 2015, the Plaintiff entered into a contract with the Defendants to acquire KRW 60,000,000 (hereinafter “instant contract”) a restaurant (hereinafter “E”) in the name of “E” located in Chungcheong City, the Defendants’ management (hereinafter “instant store”). On May 20, 2015, the Plaintiff entered into a lease contract with F, a lessor of the instant store, with the deposit deposit amount of KRW 50,000,000, monthly rent of KRW 3,000,000, and KRW 24 months for a period of 24 months (hereinafter “instant lease contract”). Under the instant contract, the Plaintiff paid the Defendants KRW 60,00,000,000, and the deposit amount of KRW 50,000,000 under the instant lease agreement, respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion (1) at the time of concluding the instant contract, the Defendants indicated that the sales of the instant store was KRW 27 million or KRW 30 million per month to the Plaintiff, and that net profit was KRW 7 million or KRW 10 million per month, and the details of sales of the instant store were shown. The Plaintiff believed that it was the Plaintiff acquired the right to lease of the instant store (in the manner of concluding the instant lease contract with the lessor instead of concluding the transfer contract, the Defendants paid KRW 50 million deposit to the Defendants). The Defendants received the business rights, facility expenses, know-how, etc. related to the instant store, and paid KRW 60 million in premium on condition that the Plaintiff continued to work under the same conditions.
(2) However, the Defendants fabricated the details of the franchise terminal sales in a false manner, and subsequently deleted all the details of the franchise terminal sales by complying with this fact, and the Defendants were said to have continued to work for the military, even though she was scheduled to enter the instant store, as she was planned to stand in the military.