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1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The plaintiffs are civilian writers, and the defendant is the representative of "E" who plans to exhibit and sells works.
B. On April 2017, the Plaintiffs entered into a contract for participation in the exhibition (hereinafter “instant contract”) with the Defendant, respectively, and the main contents thereof are as follows: (a) the Defendant sent the Plaintiffs’ works to the “G” as opened in London F in the UK on September 2017 (hereinafter “instant exhibition”); and (b) the host side of the instant exhibition is against the sales proceeds.
C. On April 2017 to May 5, 2017, Plaintiff A and B paid each of KRW 5 million to the Defendant, and Plaintiff C paid each of KRW 3 million to the Defendant.
Ultimately, the plaintiffs and the defendant did not participate in the exhibition of this case.
[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 (including each number), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiffs: The Plaintiffs paid the full amount of the participating expenses to the Defendant, but the contract was rescinded due to the absence of participation in the exhibition, and thus, the Defendant should return the money that the Defendant received from the Plaintiffs to its original state.
B. Defendant: (1) The Plaintiffs did not cooperate, such as the Plaintiffs did not submit to the Defendant the materials to participate in the instant exhibition and the exhibits; thus, the instant exhibition was nonexistent.
② The Defendant suffered a total of KRW 18.62 million [the Plaintiff (Plaintiff C) 1,250,000 won for exhibition service of the exhibition of this case (Plaintiffs) 12.5 million won (Plaintiffs)] due to the rescission of the contract of this case due to the Plaintiff’s nonperformance of obligation. The Defendant suffered a total of KRW 18.62 million (the amount of KRW 1.8 million for exhibition service of the exhibition of this case (Plaintiffs) 1,8.2 million (Plaintiffs C and C) 1,50,000 won (Plaintiffs). The said damages must be deducted from the expenses for participation in the contract of this case received from the Plaintiffs, so the Defendant shall not return the amount to the Defendant.
3. Determination
A. The instant contract, which was rescinded, is a regular act.