1. A. Of the judgment of the court of first instance, the Plaintiffs against Defendant D Co., Ltd. amounting to order payment below.

1. In the first instance court’s judgment, the Plaintiffs sought payment of the amount claimed by the Defendants, claiming the return of the sale price (contract price and intermediate payment) and the payment of penalty following the rescission of the instant supply contract. The first instance court determined only whether the sale price (contract price and intermediate payment) is refunded on the grounds of the judgment, and rendered a judgment dismissing the Plaintiffs’ claim in its entirety without all mentioning the part for which the Plaintiffs seek the payment of penalty.

In this regard, the plaintiffs filed an appeal only on the part of the claim for penalty.

As such, even if the court of first instance omitted the judgment on the penalty in the grounds of the judgment of first instance, if the whole amount including the amount of the plaintiffs' claim for penalty (the same as the statement in the purport of appeal) is stated in the "written purport" and the plaintiffs' claim is entirely dismissed in the "written order", it constitutes "illegal act which does not attach the reasons for the judgment" and does not constitute "the omission of judgment" (see, e.g., Supreme Court Decisions 68Da508, May 28, 1968; 2001Da73572, May 14, 2002). The part of the plaintiffs' claim for penalty is not pending in the court of first instance, but is transferred to the court of first instance according to the plaintiffs' appeal and is subject to adjudication of this court

Therefore, the subject of the judgment of this court is limited to the claim of penalty among the claims of this case against the Defendants pursuant to the above part of the plaintiffs' appeal, and it is to be determined below.

2. In the judgment of the court of first instance which partly accepted the judgment, whether “the basic facts” and Defendant D Co., Ltd., among the reasons to be stated, are cancelled” as the grounds of the judgment of the court of first instance except for the following dismissal or addition, and thus, the above part is governed by the main sentence of Article 420 of the Civil Procedure Act.