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1. All appeals filed by the Defendant (Counterclaim Plaintiff) Company B and Defendant C are dismissed.
2. The appeal costs.
Reasons
1. The reasoning for the court’s explanation on this part of the underlying facts is the same as that for the judgment of the court of first instance, and thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure
2. Determination on the main claim
A. The gist of the Plaintiff’s assertion 1) The Plaintiff paid KRW 48,695,00 to the Defendant Company for the amount of KRW 48,69,00. The Defendants are obligated to supply the goods to the Plaintiff within 15 days after receiving the payment for the goods as stipulated in the instant contract.
Nevertheless, the Defendants failed to supply part of the goods ordered by the Plaintiff due to the lack of the capacity to supply the goods. Accordingly, the Plaintiff expressed his/her intent to terminate the instant contract in the event that the Defendant did not perform his/her obligation to the Defendant by means of content-certified mail on May 23, 2014, and expressed his/her intent to terminate the instant contract by delivery of a duplicate of the instant complaint. As such, the instant contract was lawfully terminated due to the Defendants’ nonperformance of obligation.
Even if the Defendants did not have any obligation, the Plaintiff expressed his intent not to extend the instant contract by way of content-certified mail, which was 60 days prior to the end of the instant contract period, and thus, the instant contract was terminated upon the expiration of the contract period.
Therefore, the Defendants are obligated to return to the Plaintiff advance payment of KRW 6,632,00,00,000, which corresponds to the portion for which the Defendant Company did not supply the goods, out of the deposit amount of KRW 50 million and the price for the goods that the Plaintiff paid.
B. Defendant C, the husband of the representative director D of the Defendant Company, recommended the Plaintiff to conclude the instant contract and, in fact, participated in the whole process of the conclusion of the instant contract, or signed and sealed the instant contract, and thus, jointly and severally with the Defendant Company and the Plaintiff shall refund the said deposit and the goods price and the damages for delay.