The defendant's appeal is dismissed.

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

3. The decision of the court of first instance is in accordance with paragraph 1.

1. Basic facts

A. On February 6, 2018, the Plaintiff entered into a contract for the transfer and acquisition of a business entity (hereinafter “instant transfer contract”) with the Defendant, which acquired all rights related to the business and facilities of the instant company from the Defendant, upon introduction of D, which is a consulting company for the transfer and acquisition of a business entity (hereinafter “instant transfer contract”).

B. The main contents of the instant transfer contract are as follows.

1) The Plaintiff paid KRW 120 million to the Defendant in return for the acquisition of business rights to the instant company (Article 1(2)). The Plaintiff himself determined the value of the instant company based on his own start-up (Article 1(2). The Plaintiff is aware that, as the store price was changed later, there may be a change and decline in sales due to the issue of acquiring employees, business experience, store operation ability, market situation, and seasonal factors.

(3) As the Defendant provided the Plaintiff with the sales data, the Defendant alone provided the Plaintiff with the sales data, and thus, if it is subsequently discovered in a false manner, all of the responsibilities relating thereto are attributable to the Defendant. In principle, the Plaintiff can only claim for the return of or claim for damages against the Defendant for the return of the premium (Article 19 and special terms and conditions). (4) The Plaintiff is aware that the sales of the instant company are remarkably low and entered into the instant transfer contract, and thus, it would not raise any objection to the Defendant and C due to the subsequent sales.

(c) matters of special agreement;

On February 6, 2018, the Plaintiff, the Defendant, and C drafted a written confirmation of sales to the same effect as Article 19 of the instant transfer agreement, and the Defendant, from January 2016 to December 2017, entered “this sales data” into the sales data of the instant company as “data provided by the Defendant.”

The Plaintiff’s KRW 15 million on February 6, 2018, KRW 65 million on February 14, 2018, KRW 65 million on February 14, 2018, and March 4, 2018.