1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff intended to directly take over and operate the Taekwondo Chapter “E Taekwondo Chapter” (hereinafter referred to as the “E Taekwondo Chapter”) in P, P, on April 2016, the Plaintiff agreed with the Defendant to take over the Taekwondo Chapter and to entrust the management of the Taekwondo Chapter to the Plaintiff. B, around April 2016, the Defendant entered into an agreement with C to take over the Taekwondo Chapter and to take over the Taekwondo Chapter as the Plaintiff’s entrusted management. Accordingly, on April 29, 2016, the Defendant transferred the Taekwondo Chapter KRW 174,80,000 to C with the purchase price on April 29, 2016, KRW 300,000,000,000 to the Defendant on April 30, 2016, and KRW 500,000,000,000,000 to the Defendant on April 30, 2016.

After that, the plaintiff requested the cancellation of the above agreement because it is impossible to operate the Taekwondo hall in the actual situation different from the situation of the Taekwondo hall.

However, it is not easy to terminate the contract because the contract for the acquisition of Taekwondo between the defendant and C was already concluded and paid up to 14.8 million won out of the purchase price, and the plaintiff would waive 6 million won out of his deposit.

E. Accordingly, on May 11, 2017 and May 12, 2017, C returned only KRW 988,880,000,000, excluding KRW 6 million out of the total purchase amount already received to the Defendant, and on May 20, 2017, the Defendant returned 40,440,000 out of the deposit to the Plaintiff.

Accordingly, both the above Taekwondo hall acquisition agreement and the consignment management agreement between the plaintiff and the defendant were agreed.

[Reasons for Recognition]