1. Defendant C’s KRW 30,000,000 as well as 20% per annum from October 9, 2014 to September 30, 2015 to the Plaintiff.

1. The parties' assertion

A. As the owner of Plaintiff D, the Plaintiff supplied the Defendants, who engage in the fishery products sales business in the name of Plaintiff D, with a total of KRW 1.3 million, such as active fish and noble fish, etc., and the Defendants paid KRW 30 million out of the aforementioned fishery products price.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 30 million and damages for delay.

B. The Defendants F was the owner of G, and on November 16, 201, supplied Defendant C with 30% of the catch of G, and received 30 million won as an advance payment from Defendant C (hereinafter “instant advance payment”).

Since then, F retired from G-related business, and transferred F-related business to a person in charge of the operation and office of D, the Plaintiff supplied Defendant C with fishery products on condition that F received the instant advance payment from Defendant C.

However, the Plaintiff, Defendant C, and F agreed to treat ① KRW 30 million out of the Plaintiff’s obligation such as personnel expenses to be paid to F, ② the instant advance payment obligation to be returned to Defendant C by F to Defendant C, ③ the obligation of fishery products payment to be paid to the Plaintiff by Defendant C by settling accounts with each other in full (hereinafter “instant settlement agreement”).

Therefore, Defendant C paid the Plaintiff the full amount of fishery products, so the Defendants cannot respond to the Plaintiff’s request.

2. Determination

A. The key issue of the instant case is whether the instant settlement agreement was reached regarding KRW 30 million among the proceeds of fishery products supplied to E by the Plaintiff, as alleged by the Defendants.

In the following facts or circumstances, the evidence Nos. 1 and 2, witness F, and witness H’s testimony may be considered as a whole to the overall purport of the pleadings, i.e., the following facts or circumstances, i.e., the settlement agreement of this case: (i) there is no entry in the written agreement, etc. between the Plaintiff, Defendants, and F; and (ii) the F shall manage and manage D seafarers from February 201 to October 2012.