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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 2016, the Plaintiff agreed to pay KRW 39 million as premium (hereinafter referred to as “instant premium agreement”) upon accepting the clothes “D” in Ulsan-gun, Ulsan-gun, U.S., U.S. (hereinafter referred to as “instant clothes”) operated by the Defendant, and paid KRW 39 million to the Defendant on a premium basis (hereinafter referred to as “instant clothes”). On July 29, 2016, the Plaintiff paid KRW 390,000,000 to the Defendant on August 19, 2016 and KRW 5,10,000 to the Defendant.
B. Since September 1, 2016, the Plaintiff entered into a lease agreement with E with the amount of KRW 20 million, monthly rent of KRW 70,000,000, as to the clothes store in this case.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, and 4, the purport of the whole pleadings
2. Determination on the cause of the claim
A. On July 2016, the Plaintiff received the clothes of this case from the Defendant, and paid KRW 39 million to the Defendant as premium. The Plaintiff’s ground for paying the premium was that “The premium paid to the previous owner was KRW 33,00,000,000,000,000 and the monthly net profit from the clothes of this case is at least KRW 2,50,000,000,000.” Therefore, the Plaintiff cancelled the instant premium contract concluded by the Defendant’s deception by delivery of the complaint of this case, and the Defendant is obligated to return the said premium to the Plaintiff. 2) The Defendant, including the management fee, was the monthly 340,000,000,000,000,000,000,000,000,000,0000,000,000,000).
However, since the lease contract was entered into, the monthly rent was KRW 770,000,000 except management expenses, and the warehouse could not be used.
Ultimately, due to the Defendant’s deception, the Plaintiff suffered damages that should be paid in addition to KRW 60,00 per month due to monthly rent, and the Defendant is 1,440,000 won x 60,000 won equivalent to the rent that will be additionally incurred during the contract period