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1. The plaintiffs' appeal and the preliminary claims added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
Basic Facts
The reasoning for this part of this Court is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Plaintiff
The main argument of the argument (the claim for restitution following the cancellation of the contract) is that the defendant refused the implementation of the agreement to distribute the profits of the test to the plaintiffs (hereinafter the "distribution agreement of this case"), so the plaintiffs lawfully rescinded each of the contracts of this case.
Therefore, the defendant is obligated to return the franchise fee of KRW 300 million to the plaintiffs.
The Plaintiffs entered into each of the instant contracts upon the mistake that the terms and conditions of each of the instant contracts include the instant distribution agreement and the Plaintiffs’ exclusive business rights. Such mistake constitutes an error in the important part.
Since the defendant caused the above mistake or used the fact that the plaintiffs knew that it was erroneous, it cannot be said that there was gross negligence on the part of the plaintiffs.
Since each contract of this case was lawfully revoked, the defendant is obligated to return the franchise fee of KRW 300 million to the plaintiffs.
2. Preliminary Claim (Claim for Damages following Non-performance of Obligations) The Defendant is obligated to pay the Plaintiffs KRW 300 million of the estimated amount of compensation for damages due to non-performance of obligation to establish 20 Seoul 20 retail stores.
The Defendant did not notify the Plaintiffs of the fact that the franchise fee is extinguished at the time of the first contract in violation of the duty of disclosure under the good faith principle and that the instant allocation agreement is not included in the content of the second contract at the time of the second contract, thereby incurring damages to the Plaintiffs, such as KRW 30 million.