1. The plaintiff (appointed party)'s claim that is changed in exchange in this court is dismissed.

2. The total cost of the lawsuit.

1. This part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus, citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The Defendant is obligated to pay KRW 4.5 billion to D the business premium under the instant transfer and acquisition contract (hereinafter “the instant business premium”). Although D fully performs its duty of status and transfer of rights as a purchaser of the Fdong site under the instant transfer and acquisition contract, the Defendant does not pay the remainder by paying only one billion won, which is a part of the said business premium.

Since the Plaintiffs received from D the amount as stated in the “amount claimed” of each of the instant business premium (total amount of KRW 2,055,000,000), the Defendant is obligated to pay the Plaintiffs the money and damages for delay up to the amount stated in the “amount claimed” of the unpaid business premium in accordance with the instant transfer and acquisition contract.

B. According to the language and text of the contract on the transfer and takeover of the instant case, since D did not perform its duty to pay to the Defendant under the contract on the transfer and takeover of the instant case, the Plaintiffs cannot seek payment of the business premium against the Defendant.

3. The defendant's main defense against the defendant's main defense is that the plaintiffs' right to claim for the business premium of this case transferred to the plaintiffs belongs to all the union members. Thus, in a judicial claim against the defendant, the plaintiff's right to claim for the business premium of this case should be a party to the association or a general partner's right to claim for a lawsuit with a discretionary lawsuit trust from all the union members, and the lawsuit of this case filed only by the plaintiffs,

However, according to the purport of Gap evidence No. 31 and the whole pleadings, the plaintiffs are stated in attached Form No. 4 of the right to claim the business premium of this case from D.