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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 January 22, 2018, the Plaintiff entered into a contract on the premium for commercial building lease (hereinafter referred to as “the premium contract of this case”) with the Defendant for all tangible and intangible property values, such as business facilities, fixtures, kitchen facilities, air conditioners, etc. of “D” in Seocho-gu Seoul Metropolitan Government and the first floor (hereinafter referred to as “the restaurant of this case”), all facilities such as business facilities, air conditioners, etc., and customers, credit, business know-how, and business interest points depending on the location of the commercial building, and the location of the commercial building. On February 11, 2018, the Plaintiff completed business registration under the name of the Plaintiff on February 11, 2018.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 4 evidence, purport of the whole pleadings
2. Determination:
A. The Plaintiff asserts that the determination on the cancellation of the contract by fraud is that the Defendant had the Plaintiff enter into the instant premium contract by deceiving the Plaintiff as if the pertinent premium amount to KRW 130,000,000,000, and thus, the contract for the instant restaurant was revoked.
According to the E Appraisal Office’s entrustment of appraisal, it can be recognized that the premium of the restaurant of this case is calculated as KRW 14,787,000 by combining tangible and intangible property and adding it to 14,787,000,000. However, in the case of the restaurant of this case with facilities similar to the present, it is presumed that the current status of selling and selling premium of the restaurant of this case is not reflected in the above entrustment of appraisal, and the current status of selling and selling premium of the restaurant of this case is not reflected in the above entrustment of appraisal, considering the relationship between real estate market value and premium, and the relationship between the premium of real estate and premium of this case, and the annual monthly rent rate, the premium of the restaurant of this case can be determined as KRW 50,400,00 if it is based on actual sales, in light of the circumstances that can be recognized by adding to the whole purport of the argument as a result of the inquiry of the above entrustment of appraisal and evidence No. 6 alone.