1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. On May 27, 2014, the Plaintiff operating a restaurant under the trade name of “C” and the Defendant operating the chain business under the trade name of “D” entered into a contract with the E Handling Point (hereinafter “E Handling Point Agreement”) with the Defendant as of May 28, 2014 on the scheduled date of opening the business, and the amount of KRW 50,000 out of the cost of installing the Handling Point KRW 2.9 million on the same day, and the remainder of KRW 2,850,00 on May 28, 2014 may be recognized as either a dispute between the parties, or based on the respective entries in subparagraphs 1 through 3, and 4-1, as well as the overall purport of pleadings.

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion is as if the Defendant is an individual entrepreneur, and the Defendant made an advertisement as if it were a stock company, and entered into a contract with false or exaggerated advertising without any particular points, such as general storage place, and the Plaintiff notified the Defendant of the reversal of the contract and requested the cancellation of the credit card settlement on May 28, 2014, even though it was within one week from the date of the contract.

Therefore, the defendant should pay the above credit card price of KRW 2,850,000 and damages for delay.

B. The Plaintiff’s assertion that the instant contract of the instant handling store was revoked by fraud or mistake, and thus, it appears that the Plaintiff would return KRW 2,850,000 to the Defendant via credit card settlement.

Therefore, according to each entry of the evidence Nos. 3 and 4-1 of the evidence Nos. 4, it can be recognized that the Defendant is a personal business entity or a stock company in light of the content of the contract of this case, the term “(B) D” is indicated in the protocol of cooking provided by the Defendant to the Plaintiff, and the deposit price of the account number attached to the application of the handling store is indicated “(B) D” and is indicated in the receipt form attached to the same place. However, whether the Defendant is a personal business entity or a stock company in light of the content of the contract of this case.