1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the judgment of the court of first instance cited this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of Paragraph 2 to the judgment of the plaintiffs as to the assertion emphasized by the court of first instance. Thus, it is citing this as it is by the main text of

2. Judgment on the plaintiffs' assertion

A. In order to succeed to loans that constitute the terms and conditions of the instant contract, the Plaintiffs asserted not only repaid the Plaintiffs’ existing loans on January 31, 2018, which was prior to the payment date of the remainder, but also withdrawn the money by cancelling the amount of variable insurance contract in the middle of an amount-variable insurance contract, so it shall be deemed that the Plaintiffs had already commenced the performance prior to the Defendant’s repayment of the amount of the down payment deposit. The said Plaintiffs’ act cannot be deemed as merely a preparation for performance.

Therefore, the instant contract was not rescinded pursuant to Article 565(1) of the Civil Act.

B. Article 565(1) of the Civil Act, which states that one of the parties has commenced performance, does not necessarily have to reach the provision of performance that conforms to the content of the contract, but does a part of the performance of obligation or an act of premise necessary for performance to the extent that it can be objectively recognizable from the outside, and it is insufficient to simply prepare performance.

(see, e.g., Supreme Court Decision 97Da9369, Jun. 27, 1997). According to the written evidence Nos. 4 and 5, Plaintiff A repaid KRW 15,708,745 to D Company on January 31, 2018, and Plaintiff B withdrawn KRW 30,000,000 from the fund account in his/her name, which was held under a variable insurance contract entered into between the parties to the dispute settlement agreement and the parties to the dispute settlement agreement on the same day.

However, the evidence presented by the plaintiffs alone is for the succession to the loan that constitutes the content of the instant contract, or for the plaintiff B.