1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Basic Facts

The Defendant had operated a coffee shop (hereinafter “instant coffee shop”) with the trade name “D” from February 2014 to October 2015, 2015, following the process of entering into the agreement on the transfer and takeover of rights to the coffee shop between the Plaintiff and the Defendant. At the time of opening the instant coffee shop, the Defendant spent a total of KRW 136,00,000,000,000, such as the cost of installing the interior and signboard, and the cost of purchasing business equipment, such as coffee machines.

On October 2015, the Plaintiff sought the instant coffee shop through E, a licensed real estate agent, around October 2015. On October 20, 2015, E sought an explanation about the monthly sales status, etc. from the Defendant. At the time, the Defendant offered that monthly sales amounted to KRW 18,000,000 from KRW 15,00,00,000, and that there was a partial delivery sales.

E met the Plaintiff on October 22, 2015, and discussed the sales of the instant coffee shop, etc., and the Plaintiff wanted to obtain objective data on the sales status of the instant coffee shop, and accordingly, on October 27, 2015, the Plaintiff is “the monthly sales table of the instant coffee shop” in attached Table 1 from the Defendant.

From March 1, 2015 to October 27, 2015, the Defendant entered into a provisional contract with the Defendant to take over the instant coffee shop after being provided with photographs showing the sales screen registered on the device and examining it.

After that, the Plaintiff, from October 30, 2015 to October 30, 2015, received and examined the sales collection sheet of the instant coffee shop from the Defendant from March 1, 2015 to October 30, 2015, and then agreed to pay KRW 70,000,000 on the date of the contract, and the intermediate payment of KRW 20,000,000 on the date of the contract, and the intermediate payment of KRW 40,00,000 on November 17, 2015 to pay at the time of business succession.