A. The Defendants are jointly and severally and severally liable for KRW 110,349,572 as well as for the aforementioned amount from May 23, 2017.

From April 2016, the Plaintiff entered into a contract for the supply of foodstuffs, etc. to Defendant A, a stock company, who operates a stone-to-pend waste, and supplied foodstuffs, etc., and Defendant A failed to pay KRW 70,349,572 out of the price of goods around October 2016.

B. Meanwhile, according to the above goods supply transaction agreement, the Plaintiff paid KRW 20,000,000 to the Defendant Company A, and agreed to compensate the Plaintiff twice if the Defendant Company A fails to pay the monthly goods by the last day of the contract.

Defendant B and C agreed to jointly and severally assume the obligation to return the deposit money for the goods purchased by Defendant A.

C. The Plaintiff lent KRW 42 million to Defendant A and B on April 29, 2016, and lent KRW 40 million on May 26, 2016. On May 26, 2016, the Plaintiff agreed to the interest rate of KRW 40 million on May 26, 2016.

2. Determination as to the cause of action

A. According to the above facts, it is recognized that Defendant A did not pay the price on the last day of the month supplied as stipulated in the transaction agreement, and the Defendants should pay the penalty to the Plaintiff in addition to the price of the goods.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff 70,349,572 won for goods, penalty of 40,000,000 won for penalty, total of 110,349,572 won, and 15% interest per annum from May 23, 2017 to the day of full payment, which is the day following the delivery of the instant payment order.

B. On April 29, 2016, the Plaintiff asserts that the Defendants are jointly and severally liable to pay the borrowed amount of KRW 42 million and delay damages.

As seen earlier, Defendant A and B borrowed the above money.