1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasons for this Court’s determination are the same as the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion ① entering into the instant premium contract with the Plaintiff on the instant store, and Defendant B deceptioned the Plaintiff as if there was no problem without notifying that the main part of the instant store was an unlawful building. Defendant C, as the husband of the Defendant B at the time of the instant premium contract, was in company with the Defendant B and received the premium directly. As such, the Defendants jointly and severally liable to refund the Plaintiff the premium amounting to KRW 70,000,000,000 paid by the Plaintiff as compensation for damages arising from the said unlawful act, and the delay damages therefrom.

② According to the premium contract of this case, although the size of the store of this case is indicated as 82.64m2, the actual size of the store of this case is limited to 62.7m2, and if this is excluded from 14m2, the size of the store of this case is no more than 48.7m2, and thus, it is impossible to operate the restaurant. However, Defendant B did not notify the Plaintiff of the size of the illegal building and the size of the store of this case was not properly notified.

Accordingly, the Plaintiff cancelled the premium contract of this case against Defendant B on the grounds of deception. The Defendants jointly have a duty to refund the premium of KRW 70,000,000 paid by the Plaintiff to the Plaintiff due to restitution of unjust enrichment and delay damages.

B. (1) The following circumstances, i.e., the Plaintiff’s remaining payment dates based on the premium contract of this case, which are acknowledged as comprehensively taking account of the Plaintiff’s determination on the Plaintiff’s assertion (i.e., the statement of evidence Nos. 3 and 5, and the testimony of witness D of the first instance trial.