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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. A. On April 2014, the Defendant leased a 21.20 square meters store of the Blue Do, Busan Metropolitan City Do Do Do Do 52 square meters (hereinafter “instant store”) and operated a coffee shop (hereinafter “E”) with the trade name “E” at the instant store.
B. After that, on May 2015, the Defendant received premium of KRW 20,000,000 from the Plaintiff and transferred the facilities and business of the instant coffee shop to the Plaintiff. On May 14, 2015, the Plaintiff entered into a lease agreement with C to lease the instant store with a deposit of KRW 10,000,000, monthly rent of KRW 650,000, and period of KRW 24 months.
C. At the time of entering into the above lease agreement, the Plaintiff and C entered into an agreement as follows (hereinafter “instant agreement”).
1) A lessor is not responsible for the lessor’s installation (theme, other facilities), premium, etc., and is not entirely responsible for the lessee’s failure to permit fire and food business (unauthorized permission) due to the lessor’s negligence. 2) When the structure, such as the removal of entrance, is changed, the lessor will restore to its original state upon termination of the contract.
On May 15, 2015, the Plaintiff completed a new business registration regarding the instant coffee shop in the Plaintiff’s name, and operated the instant coffee shop from that time, and was subject to a disposition of suspending indictment (violation of the Food Sanitation Act) by a public prosecutor (Seoul District Public Prosecutor’s Office) on August 6, 2015, while carrying out the said resting restaurant business without reporting the business to the head of the competent Gu.
E. Meanwhile, the Defendant did not report to the head of the competent Gu at the time of operating the instant coffee shop. Since the instant store is an illegal building without a building ledger, it cannot meet the requirements for business report prescribed by the Enforcement Rule of the Food Sanitation Act, and thus, it is acceptable to accept the instant business report.