1. The plaintiff's claim is dismissed.

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

1. On October 28, 2013, the Plaintiff entered into a contract with the Defendant to transfer “C”, a light-type restaurant, to KRW 375 million, and operated the said C from November 8, 2013.

[Ground] Facts without dispute, Gap's evidence 1-1 and 2

2. The gist of the Plaintiff’s assertion is that at the time of transferring the above C to the Plaintiff, the monthly sales amount of KRW 80 million was equivalent to KRW 50 million, and the monthly net profit was equivalent to KRW 50 million, and the Plaintiff trusted this and acquired C by transfer.

However, at the time of the above transfer, the defendant caused false sales by means of manipulating sposssing, etc., thereby deceiving the plaintiff with regard to the sales and net profits.

On December 18, 2013, the Plaintiff notified the Defendant of the intent to cancel the contract under the said deception (Fraud).

On September 26, 2014, after the cancellation of the above contract, the Plaintiff transferred C to D the above amount of KRW 150 million. The Plaintiff incurred damages of KRW 25 million, which corresponds to the difference between the Plaintiff’s acquisition price of KRW 375 million and the above KRW 150 million.

The plaintiff seeks reimbursement of KRW 200 million and its delay damages out of the above damages due to the cancellation of the above contract.

3. First of all, there is no evidence to deem that at the time of the transfer contract between the Plaintiff and the Defendant, at the time of the transfer contract between the Plaintiff and the Defendant, the Defendant explained to the Plaintiff that the monthly sales amount of KRW 80 million was equivalent to KRW 50 million and the monthly net

(The monthly sales amount of the Defendant is KRW 60 million to KRW 80 million, and the monthly net profit is KRW 7 million to KRW 10 million). In addition, even if the Defendant’s manipulations in false sales, it is difficult to believe that each entry of KRW 6-1, 2-3, 1, and 3-1, 2-1, 2-1, and 2-1, 2-1, respectively.

There is no other evidence to acknowledge the Defendant’s fraud or deception against the Plaintiff.

On March 2013, 2010, the Plaintiff expressed his/her intent to cancel a contract to the Defendant.