1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. On April 12, 2018, the Plaintiff entered into a contract with the Defendant to take over the business of a restaurant (hereinafter “instant restaurant”) which is an urban village supplier operated by the Defendant (hereinafter “instant contract”), and paid KRW 10 million to the Defendant as down payment on the same day.

1. At least 300 persons on an average of the number of persons engaged in food service;

2. Standards for the cost of food materials 11 million won, monthly sales of 32 million won;

3. The validity of acceptance (public disclosure of sale data) and the number of additional days of receipt of business after the second-time survey;

4. Acquisition of buildings, kitchens, facilities, and vehicles;

5. To waive the down payment where the transferee cancels the determination on whether to contract and the terms and conditions of contract, where the transferee fails to satisfy the contract;

B. The terms and conditions of the instant contract are as follows.

C. From April 13, 2018 to April 24, 2018, the Plaintiff confirmed the operation status of the instant restaurant by going to the instant restaurant and going to work, and confirmed the operation status of the restaurant.

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

2. The parties' assertion

A. According to the terms and conditions of the contract of this case, if the daily average number of meals per day of the instant restaurant does not exceed 300, the Plaintiff may rescind the contract.

However, as a result of the Plaintiff’s actual inspection, the average number of food per day of April 1, 2018 does not exceed 300, the Plaintiff cancelled the instant contract.

Therefore, the defendant is obligated to refund to the plaintiff the down payment of KRW 10 million and damages for delay.

B. The sales of the instant restaurant are divided into ① the forms of delivery of urban village to the designated entity, and ② the forms of settlement of urban village directly ordered at the delivery order or the restaurant. The account books submitted by the Plaintiff (No. 3) are merely the separate account books recording only the orders of the companies that settle the accounts on a monthly basis, and according to the account books recording the details of settlement on a daily basis (No. 1), the average of April 1, 2018 of the instant restaurant.