1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 30, 2015, the Plaintiff entered into a contract with the Defendant for the acquisition of KRW 49,00,000 for the facilities, collection date, and rights of the restaurant Nos. 305, 306, 307, and 308 (hereinafter “instant restaurant”) of the Yeonsu-gu Incheon Metropolitan City B building E-dong (hereinafter “instant restaurant”) operated by the Defendant (hereinafter “instant contract”), and paid KRW 201,000,00 for the contract date, the intermediate payment of KRW 200,000 on the date of the contract, and the intermediate payment of KRW 240,00,000 on December 15, 2015, the remainder amount of KRW 240,000 on December 31, 2015.

B. In concluding the above contract, the Plaintiff and the Defendant stipulated the special terms and conditions (hereinafter referred to as the “instant special terms and conditions”) stating that “if a prus fixed typer does not mislead 1,000, it shall be treated null and void without any conditions” (±10% permission of error).

C. The Plaintiff paid the down payment, intermediate payment, and remainder to the Defendant in line with the above payment date under the above contract. From January 2, 2016, the Plaintiff started business upon receiving delivery of the instant restaurant from the Defendant.

The total number of meals on September 2015, 2015, October 201, 2015, November 1, 2015, and December 2, 2015 of the instant restaurant was 24,994, 30,719, 27,698, and 26,099, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination

A. Whether the contract of this case is null and void (whether the contract of this case is null and void) 1 Plaintiff asserted that the total number of meal per day is 26,099 persons for December 2, 2015 of the restaurant of this case, and that if the contract of this case is divided into 31 business days, the average number of meal per day is less than 842 persons and less than 1,000 persons, so the contract of this case was null and void in violation of the contract of this case. Accordingly, Defendant is obligated to return to Plaintiff the price of 490,000,000 won for the contract of this case as restitution.

The Plaintiff is the average meal at the instant restaurant for 30 days from January 2, 2016 to January 31, 2016, after the Plaintiff received the instant restaurant from the instant complaint.