1. The plaintiff's claim is dismissed.

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

1. On August 29, 2013, the Plaintiff entered into a contract on the transfer and takeover of the right of an enterprise (hereinafter “instant contract”) with the Defendant to acquire the 'D restaurant E’ (hereinafter “D restaurant E”) located in Jung-gu Seoul Metropolitan Government in KRW 57,000,000 for premiums.

At the time, the defendant agreed to compensate for KRW 57,00,000 for the premium if the sales data provided to the plaintiff at the time of the contract are false as agreed terms and conditions.

(Fact that there has been no dispute). 2. argument and judgment

A. The plaintiff's assertion was presented to the plaintiff by making false representation sales data in a way of exaggerationing cash sales at the time of entering into the contract of this case.

Therefore, the Plaintiff primarily seeks cancellation of the instant contract on the grounds of Defendant’s fraud and return of unjust enrichment equivalent to the amount of the premium, and seek preliminary payment of compensation equivalent to the premium under the said special agreement.

B. In full view of the records in Gap 2, Gap 7-1 through 9, Gap 8, Eul 9-1 through 5, and the fact-finding results on Eul corporation, the defendant's sales ratio of food materials in the head office compared to the sales of the store of this case was the minimum of 29%, maximum of 45%, average of 34%, average of 51.8%, minimum of 51.8%, and maximum of 67.1%, and the average of D restaurant franchisees was 38% to 40%, and the ratio of cash sales was 48.6% to 52.6%.

Based on this, the plaintiff asserts that the defendant's manipulation of the source sales data in a manner that unsatisfys cash sales.

However, the ratio of food materials sales by the head office and the ratio of cash sales by the head office to the above sales may vary depending on the conditions, such as the business method and surrounding environment of each chain store. Therefore, the Defendant is deemed to manipulate the source materials sales or make a false statement on the sole ground that the ratio of food materials sales by the head office is somewhat lower than the average ratio of the chain stores, and the ratio of cash sales is somewhat higher.