All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

The grounds of appeal are examined.

1.(a)

For the following reasons, the lower court determined that the Defendants should pay the Plaintiff KRW 51 million and delay damages.

The Plaintiff acquired the instant agency business license from the Defendants, and paid the premium of KRW 51 million.

However, when the Plaintiff could not enter into an agency contract with D Co., Ltd. (hereinafter “D”) on the ground that money was received in the instant agency business transaction, the Plaintiff notified the Defendants of the cancellation of the instant contract.

D The third party recommended by Defendant C and the agency of this case.

The Defendants’ agency’s obligation to transfer its business to the Plaintiff was impossible to perform, and the instant contract was legally rescinded upon the Plaintiff’s rescission notice.

Therefore, the defendants are jointly and severally obligated to return the premium of KRW 51 million to the plaintiff.

The defendants asserts that the plaintiff's failure to enter into a D-based agency contract is the plaintiff's responsibility and the defendants are not responsible for it.

However, the evidence submitted by the Defendants alone leads to nonperformance of the instant contract, and it is insufficient to recognize that there was no reason attributable to the Defendants.

B. Examining the reasoning of the lower judgment in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules without exhaust all necessary deliberations, or by misapprehending the legal doctrine on performance impossibility or essential co-litigation, etc., and did not adversely affect the conclusion.

2. The Defendants’ appeals are all dismissed due to the grounds for appeal, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.