손해배상(기) 등
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
(b).
1. The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Part 5, 6, and 7 of the first instance judgment are as follows.
Inasmuch as the contract in this case was rescinded on the ground of the Plaintiff’s failure to perform its obligation to pay the remainder, the Plaintiff shall return the opportunity operated by the company of this case instead of the Defendants to the Defendants, but it is not possible to return it to the Defendants as originals. Therefore, the Plaintiff shall pay the Defendants the amount of benefits of KRW 5 million per month or KRW 3 million per month to Defendant B, and KRW 5 million per month. Considering the fact that the company immediately before the contract in this case was paid to the Defendants, at least if the Defendants continued to operate the company in this case, the Plaintiff did not pay the Defendants the remainder of KRW 10.5 million, which is the sum of the benefits that the Defendants would have been entitled to receive from October 1, 2016 to January 16, 2017 (i.e., KRW 3 million per month x 5.3 million per month). Accordingly, the Plaintiff shall pay the Defendants the remainder of KRW 10.5 million per month to the Defendants’ respective obligation to pay the remainder of the contract in this case.