1. Revocation of a judgment of the first instance;

2. The Defendant: (a) KRW 30,000,000 for the Plaintiff and its related expenses from August 30, 2013 to February 2014.

1. Basic facts

A. From September 201, the Plaintiff had sold alcoholic beverages in Gangseo-gu Seoul Metropolitan Government, but was operating a “Class 2 singing practice room” with a license to engage in a business of a singran tavern under the Food Sanitation Act that is not allowed to employ entertainment workers or to install entertainment facilities. The Defendant operated the “Hnode room” (hereinafter “instant singing practice room”).

B. The Plaintiff: (a) around 11:00 on August 30, 2013, in order to take over “Class 1 singing practice room” under the Food Sanitation Act, which is “the entertainment drinking room business” for which the Plaintiff is able to sell alcoholic beverages and employ entertainment workers; (b) D and the Defendant met at the coffee shop in Gangseo-gu Seoul Metropolitan Government; and (c) on that spot, D stated that “the instant singing practice room is “the third type singing practice room business,” a “sing practice room,” which is a “sing practice room,” under the Music Industry Promotion Act, in which the instant singing practice room is currently unable to drink alcoholic beverages or to provide entertainment; (d) the Defendant may obtain a business license for a Class 1 singing practice room” from the Plaintiff.

C. On the same day, the Plaintiff concluded a transfer contract with the Defendant to take over the instant singing practice room in KRW 68,000 (hereinafter “instant contract”) on the same day, and paid KRW 30,000,000 to the Defendant as the down payment.

After that, the Plaintiff knew that it is impossible to change the type of the karaoke machine of this case, and filed a complaint with D and the Defendant on fraud. D and the Defendant indicted the Plaintiff on the charge that the instant karaoke machine of this case deceivings the Plaintiff as if it is possible to change the type of the business into the Class 1 karaoke machine, thereby deceiving the Plaintiff to acquire the down payment of KRW 30,000,000, and, on May 11, 2016, D was sentenced to imprisonment with labor for six months, and the Defendant was sentenced to a two-year suspended sentence for six months, and the judgment was finalized on July 28, 2016,

Incheon District Court 2015 Highest 5726, .