손해배상(기)
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning for the court’s explanation as to the instant case is as follows, except for the part of the court’s determination as to the Defendants’ assertion in this case by this court under Paragraph (2) below, since the part of “determination as to the principal lawsuit” in the judgment of the court of first instance is as stated in the reasoning. Accordingly, it is acceptable in accordance with the main sentence
2. Additional determination
A. The summary of the Defendants’ assertion 1) At the time of the instant contract, Defendant C was in a status in which it was unable to depart from the Republic of Korea without permission from the Military Manpower Administration, and the Plaintiff was well aware of it. The said contract was concluded on the premise that Defendant C bears all expenses of KRW 800,000 per month and that other persons than the Defendant C, other than the Defendant C, perform duties in Germany. Defendant C sent I and G to Germany in the form of borrowing money from Defendant C, and Defendant C performed the said contractual duties by allowing I and G to pay all expenses in the local area. Accordingly, the Defendants did not violate the contractual duties, but failed to obtain the visa in the form of E using the transferred money individually, and thus, the said contract was concluded on the condition that the German language ability would be more than B1,00,000 won, and the said condition was not fulfilled due to the lack of proper performance of the said German language condition.
3) E did not have any professional experience required by the local youth team in Germany, and it was a situation in which it was impossible to enter the professional youth team from the beginning to the professional youth group. 4) Therefore, the Defendants did not violate the instant contract.
B. Article 5 of the instant contract provides for the burden of local living expenses of 800,000 won per month and the management and supervision of local players as part of the Defendants’ obligations. Article 7 of the instant contract provides for separate entry with professional teams.