1. The Defendants shall jointly and severally pay to the Plaintiff KRW 300,000,000 and the interest rate thereon from July 11, 2018 to the date of full payment.

Facts of recognition

On March 23, 2017, the Plaintiff is a company operating the scrap metal wholesale business, and Defendant B (hereinafter “Defendant B”) is a company operating the scrap metal distribution business, etc., and Defendant C is the representative director of Defendant B. On March 23, 2017, the Plaintiff and Defendant B entered into a contract to supply the Plaintiff with approximately 5,000 tons of the scrap metal generated from the “Removal in the scrap metal D Co., Ltd. Co., Ltd. Co., Ltd.” at the price of KRW 260 won per kg (hereinafter “instant scrap metal supply contract”). Defendant C jointly and severally guaranteed the obligation of Defendant B under the instant scrap metal supply contract.

The contract prepared by the Plaintiff and Defendant B while entering into the instant scrap metal supply contract (hereinafter referred to as “instant contract”) includes the following contents:

Article 2:B:For the purpose of this Agreement, “B (referring to the Plaintiff; hereinafter the same shall apply)” shall pay Won 24 March 24, 2000 (Won 200,000,000) advance payment to “A (Defendant B; hereinafter the same shall apply)”.

Article 8: The term of this Agreement shall be from March 23, 2017 to June 22, 2017.

After the expiration of one week after the contract expires, the amount calculated by multiplying the remainder of the payment for scrap metal by 1.5 times the remainder of the payment for scrap metal from the total amount paid shall be the return cycle to "B".

On March 23, 2017, the Plaintiff paid KRW 200 million to Defendant B under the name of the advance payment in accordance with the instant scrap metal supply contract.

Defendant B did not provide the Plaintiff with the scrap metal at all during the term of the contract stipulated in the instant scrap metal supply contract.

【In light of the facts without dispute over the ground of recognition, the entries in Gap’s evidence Nos. 1 through 3 (including each number in the case of additional number), and the ground of appeal as to the overall purport of the pleadings, the defendant B did not fully perform the obligation to supply scrap metal under the instant scrap metal supply contract, and thus, the defendant who is the principal debtor, as stipulated in Article 8 of the instant contract.