1. Revocation of a judgment of the first instance;

2. The Defendant: (a) KRW 30,000,000 to the Plaintiffs; and (b) from July 31, 2017 to June 2018, 2018.

1. Facts of recognition;

A. D, while operating “F”, which is a prote and five-story Specialized Bail, in Bupyeong-si E and five floors, has been entrusted to outside business operators with the businesses such as personal arms, photographs, stones, and booms in accordance with the protemp, and has received deposits from the relevant business operators.

B. On March 4, 2016, the Plaintiffs acquired the pertinent business from G that was running a protruding business from the said F, and paid to G money equivalent to KRW 30 million paid by G to D.

C. On July 4, 2016, the Defendant, while comprehensively taking over the above F’s business from D on July 4, 2016, concluded that “the total amount of assets and total amount of liabilities for business as of July 4, 2016 shall be comprehensively transferred” between D and D, and that “the instant agreement” is “the instant agreement”.

D. The Defendant: (a) discontinued the Plaintiffs’ stone screening business at the end of July, 2017, which was after F transfer; and (b) entered into a new contract with another stone screening business operator. [The fact that there is no dispute over the grounds for recognition, the entries in Gap’s evidence 1 through 9, and the purport of the entire pleadings.]

2. According to the above facts of recognition as to the cause of the claim, the defendant who comprehensively succeeded to the F's assets and liabilities from D shall be deemed to have comprehensively succeeded to the rights and obligations regarding the business consignment agreement between D and the plaintiffs.

However, the contractual relationship with the plaintiffs by concluding a new contract with a new business operator can be deemed to have been reversed, and as long as the plaintiffs claim the return of deposit, the contract between the defendant and the plaintiffs should be deemed to have been rescinded.

Therefore, the defendant is liable to pay to the plaintiffs 30 million won and damages for delay calculated by the rate of 5% per annum under the Civil Act from July 31, 2017 to June 25, 2018, which is the delivery date of the complaint in this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

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