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1.(a)
Defendant C, with respect to the amount of KRW 15,00,000, KRW 15,000 to Plaintiff B, and each of the above amounts, on February 6, 2015.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence Nos. 1, 2, and 3 and the purport of the entire pleadings:
On April 8, 2011, the Plaintiffs concluded a contract under which the Defendants would return at the time of termination of the contract (hereinafter “instant remodeling supply contract”) and the amount of KRW 30,00,000 paid by the Plaintiffs (hereinafter “instant remodeling supply contract”).
B. On March 21, 201 and March 31, 2011, the Plaintiffs paid KRW 30,000,000 to the Deceased and Defendant C as total deposit under the said contract.
C. However, as the Deceased died on December 18, 2013, the Defendant C sold the instant fishing vessel to Defendant D around December 26, 2013 (hereinafter “instant sales contract”); and the Defendant C was in excess of the obligation at the time of the said sale.
The legal brief dated January 29, 2015, stating the Plaintiff’s declaration of intent to terminate the instant sales contract, was finally delivered to the Defendants on February 5, 2015.
Article 547 (Indivisibility of Right of Rescission for Future or of Rescission) (1) Where one or both of the parties exist, the termination or rescission of a contract shall be made against all or some of them.
E. Defendant C is the deceased’s wife, and Defendant E and F are the deceased’s children.
2. According to the above facts finding as to the portion of the claim for money, the deceased and Defendant C were unable to perform the obligation to supply the Plaintiffs with the helper to be harvested on the instant fishing vessel under the instant remodeling supply contract. The Plaintiff’s expression of intent to terminate the contract was finally served on February 5, 2015, and the instant remodeling supply contract was terminated and terminated.
As such, the restoration to the original state, ① Defendant C shall be KRW 15,00,000 (= deposit amount of KRW 30,000,000 ± 2).