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1. Of the judgment of the court of first instance, the part against plaintiffs A, B, and C, which corresponds to the following additional payment order:
Reasons
1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the ground of the plaintiffs' claim
A. The gist of the assertion is that the Plaintiff Company cancelled the instant agreement on the business partnership concluded with the Defendant on the grounds of mistake or fraud, and terminated it on the grounds of impossibility to establish a social enterprise.
In addition, the plaintiff A et al., as a non-profit cooperative member of the defendant's association, withdrawn from the association.
Therefore, according to the Agreement on Business Partnership of this case, the defendant should refund the contribution paid by the plaintiff A, etc. to the plaintiff A, etc. as the defendant's partner.
Even in cases where it is deemed that the money paid by the Plaintiff A, etc. to the Defendant is not an investment amount, such an investment amount shall be deemed as the investment amount of the Plaintiff Company, and the Defendant is obligated to return
B. When comprehensively taking account of the following facts and circumstances confirmed through the records of this case, the Plaintiff Company entered into the agreement on the instant business partnership with the remaining Defendant, which erroneously recorded the important portion of the content of the instant business partnership agreement, and lawfully revoked it on March 14, 2017 by the delivery of a copy of the instant complaint. As a result, the Defendant is obligated to refund the amount equivalent to the amount of the investment paid to A, etc. under the instant business partnership agreement to the Plaintiff, etc. as unjust enrichment.
On the other hand, the plaintiff Gap et al. asserted the cancellation and termination of the Agreement on the Business Partnership of this case and the withdrawal from the partnership because of the occurrence of the right to claim the return of the investment amount. As long as the cancellation of the Agreement on the Business Partnership of this case and the claim for return of unjust enrichment equivalent to the investment amount are recognized as above, it will be added