손해배상(기)
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The court's explanation on this part of the basic facts is the same as the pertinent part of the reasoning of the judgment of the first instance, and thus, citing it as it is in accordance with the main sentence of Article 420
2. The plaintiff's assertion
A. The Defendants, such as the cancellation by deception or mistake and the return of unjust enrichment, etc., are obligated under the good faith principle to notify the fact that the instant consignment operation agreement was concluded with the instant education center at the time of entering into the instant transfer agreement, and the fact that the instant childcare center may be closed due to the existence of the instant education center or the termination of the entrustment period.
Nevertheless, the Defendants, without notifying the Plaintiff of the above fact, induced the Plaintiff to enter into the instant transfer agreement.
Therefore, the Plaintiff’s service of a duplicate of the instant complaint is revoked pursuant to Article 110(1) of the Civil Act.
The Defendants failed to fulfill their duty of disclosure as above and the Plaintiff believed that it is possible for the Plaintiff to continue to operate the instant childcare center without any particular restriction if the Plaintiff was registered as a nursery facility for F operation. However, the Plaintiff entered into the instant transfer contract due to the Defendants’ violation of the duty of disclosure on the entrusted operation agreement, etc. of the instant case, resulting in an error in the part of
Therefore, the plaintiff's service of a duplicate of the complaint of this case is revoked pursuant to Article 109 (1) of the Civil Code.
Ultimately, since the transfer contract of this case was revoked, the Defendants are obligated to return the purchase price of this case 1.45 million won to the Plaintiff as unjust enrichment.
Furthermore, the defendants' act of deception or duty of disclosure constitutes a tort under Article 750 of the Civil Act. The defendants are obligated to pay 100 million won as compensation for damages incurred by the plaintiff in the extension, new construction, facility costs, etc. for the operation of the child care center in
On the other hand, the Plaintiff’s deception.