1. The defendant shall pay 76,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

1. On August 25, 2012, the Plaintiff entered into a contract with the Defendant to purchase all rights facilities of Pyeongtaek-si Dcafeteria located in Pyeongtaek-si (hereinafter referred to as “instant restaurant”) (hereinafter referred to as “instant contract”), and paid eight million won on the date of the contract to the Defendant and KRW 68 million on August 30, 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. At the time of the contract of this case, the plaintiff asserted that the contract of this case was concluded with the purport that the number of 200 persons of the restaurant shall be guaranteed between the plaintiff and E Co., Ltd. (Gu FFF Co., Ltd.; hereinafter referred to as "non-party Co., Ltd.") in the immediate adjacent to the restaurant of this case with the knowledge that a separate building will be constructed and operated a cafeteria. The contract of this case was due to the defendant's deception or mistake on the important part of the plaintiff, and the plaintiff claims the return of the purchase price equivalent

B. The plaintiff asserted that the number of persons to use the restaurant was 200 persons prior to the payment of the remainder, and the defendant did not know at all that the non-party company would operate the restaurant. The reduction of the number of persons to use the restaurant was due to the plaintiff's failure to operate the restaurant, and thus, there was no deception or mistake under the contract of this case.

In addition, even though the plaintiff has a duty to verify the surrounding circumstances of the restaurant before the contract of this case, he/she has a gross negligence by concluding a contract.

Therefore, the contract of this case cannot be cancelled.

3. Determination

A. The mistake of an important part of a juristic act is important to the extent that the voter would not have expressed his/her intent if he/she did not have such a mistake, and it would have been important to the extent that he/she would not have expressed his/her intent to the general public.