1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The plaintiff filed a claim for restitution and the claim for damages against the defendant for reasons of termination of the contract. The first instance court partly accepted the claim for restitution and dismissed the claim for damages.

Since this Court appealed only to the defendant, the scope of this Court's adjudication is limited to the plaintiff's claim for restitution due to termination of the contract.

2. Basic facts

A. The Plaintiff is a person operating a restaurant with the trade name of C, and the Defendant is a person conducting fee-charging job placement services with the trade name of D.

B. On October 9, 2018, the Plaintiff entered into a contract with the Defendant to introduce the dispatched portion as a membership system for six months and pay 300,000 won of the introduction fee (hereinafter “instant contract”) and remitted KRW 300,000 to the Defendant on the same day.

C. From October 9, 2018 to October 18, 2018, the Defendant introduced the part of sending to the Plaintiff. D.

On October 18, 2018, the Plaintiff sent a text message to the Defendant stating that “A delivery is made to the Defendant, not later than 10 days after the next day.”

On October 19, 2018, the Defendant sent a text message to the Plaintiff on October 19, 2018, stating that “the fact-finding report is true,” and then sent a text message to the Plaintiff on the same day at around 10:32, “11:30 minutes.” However, the Defendant sent a text message to the effect that “the Defendant is not guilty.”

The plaintiff must arrange to the defendant in the same manner that he/she is unable to do so between 11:21 and 11:39 on October 18, 2018.

A text message sent to the effect that "the introduction fee shall be refunded after deducting eight days since 8:00 p.m.," and that the defendant sent a text message to the effect that he would not believe that he will send a part of 5:30 p.m. working alone for 5:0 p.m.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

3. Determination

A. The continuous termination of the instant contract is based on the trust relationship between the parties, and thus, during the existence of the relevant contract.