1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On August 7, 2012, the Plaintiff reported the business of food service to the Defendant, and operated a general restaurant in the name of “C” on the second floor of the Cheongju-gu Seoul Metropolitan Government B commercial building in “C.” On August 29, 2014, the Plaintiff completed the registration of the business with the content that the type of the business is changed to the service business in the Cheongju-gu, Seoul Metropolitan City.

9. 4. The Defendant, after reporting the production of music record and music-video products, operates a place of business (hereinafter “instant place of business”) under the trade name called “Dnonode bank.”

B. On December 5, 2015, the Defendant issued the instant disposition to the Plaintiff on the ground that the Plaintiff violated Article 27(1)1 of the Music Industry Promotion Act (hereinafter “the Music Industry Promotion Act”) by operating a non-registered singing practice room from September 2014 to December 18 of the same year.

[The facts that there is no dispute over the basis of recognition, Gap evidence Nos. 1 through 5, Eul evidence No. 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) As long as the Plaintiff did not report the production of a music record or music video product for the purpose of running a singing practice room business without any intention to do so, it does not constitute “when the Plaintiff reports or registers it by any false or other unjust means” under Article 27(1)1 of the Music Industry Act. The type of business of the instant place of business is a general restaurant with a music video processing system, and it is only a case where the Plaintiff can operate a music record or music video production business without reporting pursuant to Article 16(1)5 and 6 of the Music Industry Act and Article 7 of the Enforcement Decree of the Music Industry Act, and it does not constitute a singing practice room under Article 2 subparag. 13 of the Music Industry Act. Thus, the instant disposition based on the premise that the instant place of business falls under a singing practice room is unlawful).