(영문) 대구지방법원 2018.09.19 2018가단108510

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(영문) 대구지방법원 2018.09.19 2018가단108510

기타(금전)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 20, 2017, the Plaintiff entered into a contract with the Defendant to pay the premium (hereinafter “instant contract”) by taking over business rights to the Daegu Suwon-gu C building and D (hereinafter “instant store”) in which the Defendant leased and operated, and paid KRW 45 million to the Defendant under the said contract.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the purport of the claim

A. The Defendant alleged that the monthly sales, etc. at the instant store are higher than the actual sales, and notified the Plaintiff that the monthly sales, etc. are equivalent to KRW 10 million per month, and concluded the instant contract by deceiving the Defendant by means of guaranteeing and speaking such monthly sales. As such, the instant contract was concluded based on deception or mistake.

On March 9, 2018, the Plaintiff notified the Defendant of his intention to revoke the instant contract for the foregoing reason. The instant contract was lawfully revoked.

Therefore, the defendant is obligated to pay to the plaintiff the 45 million won premium for the fixed-term payment and delay damages for the restoration of the original state.

B. As to the part that the Defendant agreed to guarantee the Plaintiff’s monthly sales of the instant store amounting to KRW 10 million at the time of entering into the instant contract, the evidence No. 3-1 is difficult to believe it as it is in light of the relationship between the person who made the statement and the Plaintiff, and the other evidence is insufficient to accept it, and there is no other evidence to acknowledge it otherwise.

Even if the Plaintiff stated that the monthly sales of the instant store to the Defendant at the time reaches KRW 10 million, there was little note that the monthly sales of the instant store to the Defendant.

Even if there is no evidence that the content itself is false.

(M) The defendant's assertion that the above content is true in light of the statement of No. 1 (including all paper numbers).

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