양수금
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.
2. The appeal costs.
The principal lawsuit and counterclaim shall be judged together.
1. The reasoning for the court’s explanation on this part of the facts is as stated in the reasoning of the judgment of the first instance except for the modification of “B” and “B” under Section 20 of the judgment of the first instance court No. 4 as “B, the Plaintiffs, and the co-Plaintiff N and Q of the first instance court.” Thus, this part of the judgment is acceptable in accordance with the main sentence of Article 420 of the
2. The parties' assertion and judgment
A. (1) The plaintiffs' assertion (1) that the defendant's argument (A) was paid in advance to the defendant is not a fixed price, but a settlement is made according to the quantity of C online usage rights. Thus, the defendant shall return to B the balance 235,000,000 of C online usage rights. The defendant, on May 24, 2014, acquired the defendant's right to return the above prior payment content balance from B to the defendant.
(B) Even if the prepaid content price is the fixed price, the Defendant committed an unfair business activity, as well as committed an act in violation of the instant contract, such as suspending supply from February 2014 by violating the obligation to supply online vouchers to B, and clearly stated the intention not to perform the instant contract.
Therefore, the Defendant returned to B the sum of the content price due to the performance of the liability for damages arising from unjust enrichment or nonperformance, and the Plaintiffs, the joint Plaintiff N in the first instance trial, and Q, acquired the claim for return of unjust enrichment or the damage claim equivalent to the sum of the content price from B on May 24, 2014.
(C) Ultimately, the defendant is obligated to pay each amount as stated in the list of claims in attached Form 2 and damages for delay to each of the plaintiffs.
(2) The defendant's assertion that B does not have the obligation to repay in consideration of the cost of establishing a system necessary for the provision of online vouchers while granting B the exclusive business right to the Korean English private teaching institute, one of the largest markets in C.