The defendant's KRW 10,000,000 to the plaintiff and 6% per annum from October 13, 2020 to December 23, 2020 to the plaintiff.

1. Basic facts

A. On March 9, 2019, the Defendant entered into a contract with the Plaintiff on the same as the attached Table 1 (hereinafter “instant primary contract”) with the Plaintiff, while operating the D store located in Busan Jin-gu, Busan (hereinafter “instant coffee store”).

B. On April 18, 2019, the Plaintiff concluded a lease agreement on the instant store (hereinafter “instant lease agreement”) with Nonparty E, the owner of the building where the instant coffee specialty is located, to substitute the instant first agreement with the Defendant under the same agreement as indicated in attached Table 2 (hereinafter “instant second agreement”). On the following day, the Plaintiff concluded a lease agreement on the instant store (hereinafter “instant lease agreement”).

C. At the time of the instant secondary contract, the Plaintiff paid KRW 10,000,000 to the Defendant as the down payment. After the conclusion of the instant secondary contract, the Plaintiff paid KRW 30,000,000 on May 10, 2019, and KRW 60,000 on May 13, 2019, paid KRW 100,000 as stipulated in the instant secondary contract to the Defendant, and began to conduct the instant coffee specialty business from May 22, 2019.

From April 1, 2020, the Defendant opened and operated the coffee specialty store (hereinafter “the new coffee specialty store of this case”) with the trade name “G” on the F and the first floor of Busan Jin-gu, Busan (hereinafter “G”), and comprehensively transferred the instant new coffee specialty business to Nonparty H at KRW 116,00,000 on August 26, 2020.

[Reasons for Recognition] Facts without dispute, Gap's entries in Gap's evidence Nos. 1 through 4, 7, 9, 10, 11, 19, 12-1, 2, Eul's evidence No. 1, and the purport of the whole pleadings

2. The parties' assertion

A. Although the appropriate value of the business of the instant coffee specialty store due to the transfer of the business by deception of Plaintiff 1 is 50,000,000 won, the Defendant transferred the instant coffee specialty business to the Plaintiff by deceiving the Plaintiff that there was no place in which the competitor did not enter the redevelopment area and there was no place in which the competitor did, and that there was no business profit.

Therefore, the defendant is liable for damages to the plaintiff.