beta
Text
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 1, 2017, when the Defendant operated the car page (hereinafter “the instant car page”) with the trade name “E” in Busan Shipping Daegu C Building D, the Defendant transferred the instant car page business to the Plaintiff at KRW 150,000,000 (hereinafter “the instant contract”). around that time, the Plaintiff paid the Defendant KRW 150,000,000 to the Defendant, the fact that there is no dispute between the parties, or that the Plaintiff paid the Defendant KRW 150,00,000,000, may be recognized by taking into account the overall purport of the pleadings as a whole.
2. Summary of the plaintiff's assertion
A. The main claim is to cancel the contract of this case for the following reasons, and the defendant is obligated to pay the plaintiff 150,000,000 won, which is the amount equivalent to the premium of this case, and damages for delay.
1) At the time of the conclusion of the instant contract, the Defendant, by deceiving the Plaintiff as “the monthly sales of the instant carpet amounting to KRW 22,00,000, and the monthly net sales amount to KRW 10,000,000,” was concluded the instant contract between the Plaintiff. The instant contract was revoked on the ground of fraud. (2) or the Plaintiff, as indicated in the instant contract, knew that the monthly sales of the instant carpet amount to KRW 22,00,000,000, was known as if it were indicated in the instant contract, concluded the instant contract with the Defendant, but the monthly sales of the instant carpet amount to KRW 6,00,000.
This constitutes an error in the important part of the contents of the contract, and thus cancellation of the contract.
B. The conjunctive claim is based on the Defendant’s deception that “the monthly sales of the instant car page KRW 22,00,000,000,” and the Defendant concluded the instant contract with the Defendant, and paid an unreasonable amount of premium to the Defendant. As a result, the Plaintiff did not receive premium at all when re-transfer the instant car page to F.
Therefore, the plaintiff is liable to pay 150,000,000 won and damages for delay to the plaintiff, since the plaintiff suffered losses equivalent to the premium for the defendant's tort.