1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Around October 2016, the Plaintiff and the Defendant entered into a contract with the Plaintiff to allow the Plaintiff to use the business mark, such as the trade name and trademark C, and the Defendant’s business method, and to provide support for business, and to pay the Plaintiff money in the franchise fee name to the Defendant.

In concluding the above contract, the Plaintiff and the Defendant entered into a special agreement stipulating that the Defendant shall perform the Plaintiff’s internal decoration work, and that the Plaintiff shall pay the Defendant a total of KRW 52.5 million (=35 square x 1.5 million) (hereinafter “instant contract”).

The Plaintiff paid KRW 52.5 million to the Defendant under the instant contract.

[Grounds for recognition] Facts without dispute, Gap evidence No. 1, and the summary of the parties' arguments in the purport of the whole pleadings are about 27 square meters, but the contract in this case was concluded at 35 square meters. This is based on plaintiff's mistake (the plaintiff concluded the contract in this case because the plaintiff was unaware of the actual construction area, and thus the defendant alleged that the difference between the construction cost and the construction cost in accordance with 35 square meters should be refunded to the plaintiff as unjust enrichment. Thus, the defendant's assertion of cancellation of the contract on the ground that it is a declaration of intention by mistake is a declaration of intention by mistake) or the defendant's deception. Thus, the defendant should return to the plaintiff unjust enrichment of 12 million won in total (=8 x 1.5 million won/p.) equivalent to eight square meters.

Defendant Plaintiff agreed to pay KRW 52,50,000 to the Defendant for the internal decoration construction cost, and the said construction cost is calculated by taking into account all the expenses incurred in the additional construction work and the construction cost incurred in the underground floor and stairs, so the Defendant is not obligated to return KRW 12,00,000 to the Plaintiff.

At the time of the instant contract, the Defendant was aware that the actual construction area was over twenty-seven square meters.