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.

Facts of recognition

The defendant operated a four-day shop at the shop in the "D" shop located in Suwon-gu, Busan, and was relocated to the "D" shop on January 2018.

On May 10, 2018, the Plaintiff entered into a lease agreement with Nonparty F, the lessor of the said four-day shop, and the operator of the said four-day shop, which was determined as KRW 5 million, KRW 350,000,000, KRW 3500,000, and KRW 12 months from July 20, 2018.

In addition, the Defendant paid KRW 3 million to the Defendant on June 15, 2018 according to the premium contract concluded with the Defendant (hereinafter “the premium contract of this case”).

[Ground of recognition] The plaintiff was aware that there was no dispute, Gap Nos. 1, 2, and 3, and the gist of the plaintiff's assertion of the purport of the whole pleadings, and concluded the premium contract of this case with the defendant, recognizing that the defendant had been operating for two years from E, the present location of the four-day shop.

However, the business period of the defendant E does not exceed two months.

Therefore, for the following reasons, the defendant should return the premium of 3 million won received from the plaintiff.

① The Plaintiff’s premium contract of this case is revoked by serving a duplicate of the complaint of this case pursuant to Article 109 of the Civil Act on the grounds of an important error in the contract.

② Since the Plaintiff’s perception as above was caused by the Defendant’s deception, the contract for the instant premium is revoked by serving a duplicate of the instant complaint in accordance with Article 110 of the Civil Act.

③ The subject matter of the instant premium contract is different from the quality promised between the Plaintiff and the Defendant. As such, reduction of the price corresponding thereto should be made in accordance with the warranty liability of Article 580 of the Civil Act.

Judgment

If it is intended to cancel the motive for the allegation of cancellation on the ground of mistake on the ground that such mistake constitutes an error in the important part of a juristic act, it shall be indicated to the other party that the motive shall be the contents of the relevant declaration of intention.