1. The Plaintiff (Counterclaim Defendant) paid KRW 80,000,000 to the Defendant (Counterclaim Plaintiff) and its payment from February 1, 2016 to May 18, 2017.

1. Basic facts

A. The defendant is the plaintiff's South-North East C's denial D. The defendant is the plaintiff's South-North Eastern C.

B. On October 24, 2015, the Plaintiff entered into a contract (hereinafter referred to as “instant contract”) under which the Defendant acquired the remainder of KRW 350 million (the contract amounting to KRW 35 million, the intermediate payment of KRW 215 million, and the intermediate payment of KRW 200 million, up to December 31, 2015, by December 31, 2015) from the Defendant’s home office (hereinafter “instant contract”).

C. The Plaintiff paid the Defendant a sum of KRW 270 million out of the remainder amount of KRW 35 million, intermediate payment of KRW 215 million, and KRW 20 million. D.

On February 1, 2016, the Plaintiff acquired and operated the instant business office from the Defendant.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. Although the Defendant stated that the monthly average net income of the instant business establishment was KRW 14 million to the Plaintiff, the Defendant’s net income was limited to the monthly average income of KRW 4,734,613 ( KRW 52,080,748 for 11 months from January 31, 2016 to December 31, 2016).

Therefore, the Plaintiff’s contract of this case is revoked on the grounds of the Defendant’s deception or mistake of motive.

The defendant is obligated to pay the acquisition price of 270 million won and damages for delay received from the plaintiff due to the return of unjust enrichment.

B. The defendant did not conclude that the net profit of the business office of this case was the amount of KRW 14 million to the plaintiff.

In addition, the Plaintiff did not pay the remainder of the contract of this case to the Defendant KRW 80 million, and thus, the Plaintiff claimed the above KRW 80 million and the damages for delay thereof as a counterclaim.

3. First of all, we examine whether the Defendant, at the time of the instant contract, deceivings the Plaintiff or caused the Plaintiff’s mistake by stating that the net profit of the instant business establishment would amount to KRW 14 million.

Modern No. 1.