The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On November 1, 2018, the Plaintiff entered into a contract for transfer and takeover of the right (hereinafter “instant transfer and takeover contract”) with the Defendant to acquire the entire facilities of Seo-gu, Seo-gu, Incheon and D E (hereinafter “instant restaurant”) at KRW 25 million.

B. The Plaintiff paid KRW 25 million to the Defendant, and began a restaurant business from November 5, 2018.

C. From around November 2018, the Plaintiff received a claim from the lessor of the instant restaurant on the ground that water from the main floor of the instant restaurant would hinder the business of the lower floor, and also knew the Defendant of such fact.

After that, the Defendant visited the instant restaurant, but did not reach an agreement on water leakage issues.

At present, the Plaintiff was unable to pay the car, and it was delivered to the lessor of the instant restaurant.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 9, 10, 11, and the purport of the whole pleadings

2. The Defendant alleged the cause of the instant claim sustained business losses, such as a decline in the sales of the instant restaurant due to defects in water leakage, heating, and air-conditioning facilities generated from the drainage facilities located in the main harbor, the structure of which was altered at the time of operating the instant restaurant. As such, the Defendant is obligated to compensate the Plaintiff for damages equivalent to KRW 4.5 million in total, KRW 4.2 million in the cost of water supply and drainage facilities, KRW 8 million in technical review, KRW 3 million in total, KRW 12.5 million in the cost of water supply and drainage facilities, KRW 4.2 million in the cost of technical review, KRW 4.2 million in the cost of water supply and drainage facilities, KRW 4.5 million in total, KRW 4.2 million in the cost of repair and replacement of air-conditioning facilities ( KRW 4.5 million in the cost of KRW 4.2 million in total) and KRW 5.6 million in the amount of business losses (= from November 1, 2018 to May 31, 2019).

(3) At the third day for pleading of this case, the plaintiff withdrawn his argument as to the cancellation of the acquisition agreement of this case and the claim for restitution therefrom.