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1. The plaintiff's appeal and the selective claims added by this court are dismissed, respectively.
2.The addition is made by this court.
Reasons
1. The reasoning of the judgment of the court of first instance cited the instant case is as stated in the part of the judgment of the court of first instance, except where the plaintiff added the judgment as to the selective claim and the conjunctive claim added by this court, which is identical to that of the judgment of the court of first instance. Thus, it is acceptable to accept it as it is in accordance
(The grounds of appeal concerning the claim for damages, which is the basis of the initial claim, do not differ significantly from the allegations in the first instance court, and even if considering the evidence submitted by the plaintiff to this court, the findings of fact in the first instance court and the determination are deemed legitimate). 2.
A. The gist of the cause of the claim 1) The Plaintiff entered into the instant franchise agreement by deceiving the Defendant’s deception that “The Plaintiff shall be guaranteed at least KRW 2.5 million per day, and ② may obtain a loan of KRW 100 million as interest-free interest if the Plaintiff entered into a franchise store.” Accordingly, the Defendant shall return KRW 234,80,000 received from the Plaintiff under the said agreement to the Plaintiff as unjust enrichment. 2) As seen earlier, the Defendant notified the Plaintiff of an exaggerated fact in light of the general commercial transaction practices and the good faith principle, thereby making a fraudulent act to the extent socially acceptable.
The plaintiff's claim cannot be accepted on a different premise, unless it is deemed that the plaintiff entered into a contract due to the defendant's deception, and there is no other evidence to acknowledge it.
B. Even if the Plaintiff’s exercise of the right to cancel and terminate the instant franchise agreement is not recognized, the Defendant is obligated to compensate for the Plaintiff’s loss incurred due to nonperformance of contractual obligations as stated below, even if the Plaintiff’s exercise of the right to cancel and terminate the instant franchise agreement.
Items 1 amount of damages 2,50,000 won 2.5