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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 10, 2013, the Plaintiff leased the 41.37 square meters of a 2-story store of Seodaemun-gu Seoul Metropolitan Government D Commercial Building D (hereinafter “instant shop”) from C, and entered into the instant agreement with the Defendant, a previous lessee who operated the cosmetic at the said shop, to pay KRW 20,000,000 as premium and facility expenses, and take over the cosmetic room. At that time, the Plaintiff paid KRW 20,000,000 to the Defendant and operated the cosmetic room.
B. On April 8, 2014, the Defendant opened a beauty room with the trade name “F” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, approximately 250 meters away from the instant store.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 3 (including branch numbers, if any), the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion that the defendant did not notify the plaintiff of his intention to open cosmetics in the vicinity of the store of this case, but did not notify the plaintiff of his intention to open cosmetics, and the plaintiff entered into the agreement of this case through deception by omission. Thus, the plaintiff was revoked the above agreement on the ground of the plaintiff's declaration of intent by fraud, and the defendant
B. The deception as a requirement for judgment fraud refers to all affirmative or passive acts that have a good faith and good faith to observe each other in the transactional relationship. Of them, deception by omission refers to a person subject to duty of disclosure who is aware of the other party being involved in a certain fact and does not notify the other party of such fact. In cases where it is evident that the other party would not have been aware of such fact in light of the rule of experience of general transactions, a legal obligation to notify such fact is recognized in light of the principle of good faith.
At the time of the agreement of this case, the plaintiff was the next defendant.