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. Basic facts

A. On November 1, 2016, the Plaintiff entered into an agreement with the Defendant to set the jurisdiction of Kimhae-si, Yangsan-si, and Yangyang-si, under which the Defendant, who is the head office, can recruit and manage a franchise store that is able to use English education programs, such as the teaching materials of D, and drafted a contract on December 1, 2016.

(hereinafter referred to as “instant branch contract”). (b)

On November 7, 2016, the Plaintiff deposited KRW 3,000,000 in total with the establishment cost of the instant branch contract (= KRW 1,850,000) to the Defendant (= KRW 1,850,000).

C. On December 15, 2016, the Plaintiff sent to the Defendant a certificate of the content that the instant branch contract was revoked on the grounds that the number of member stores explained at the time of entering into the instant branch contract and monthly sales are different from the fact at the time of entering into the instant branch contract, and filed the instant lawsuit on January 17, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. (1) As to the allegation of revocation on the ground of deception or mistake, when the Plaintiff entered into the instant branch contract, the fact was that only one member store with low sales and the monthly sales of the entire Kim Jong-gu were smaller than 100,000 won. However, the Defendant deceiving the Plaintiff that “it would be KRW 600,000 per month because there are two member stores, additional 1 and 2 member stores will be established, and the monthly sales will be at least KRW 60,000,000 per month.”

Therefore, since the defendant cancels the contract of the branch of this case on the ground of the defendant's fraud or the plaintiff's mistake, the defendant is obligated to return the total of KRW 3,00,000 to the plaintiff.

(2) There is no dispute between the parties to the judgment, or the purport of Gap evidence 3, Eul evidence 1, and the testimony of the witness E at the trial.