The defendants are jointly and severally liable to the plaintiff 91,683,840 won and 12% per annum from July 26, 2020 to the day of full payment.

1. On November 15, 2018, the Plaintiff entered into a goods transaction agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”). On November 16, 2018, the Plaintiff supplied the Defendant Company with the iron bars amounting to KRW 96,683,840. The Defendant Company paid KRW 5 million to the Plaintiff on November 30, 2018. The Defendant C, at the time of the said goods transaction agreement, did not dispute between the Plaintiff at the time of the said goods transaction agreement, was jointly and severally liable to pay the Plaintiff the remainder of the goods transaction amounting to KRW 91,683,840 ( KRW 96,683,840, KRW 500,00). Thus, the Defendants are jointly and severally liable to pay the Plaintiff the remainder of the goods transaction amounting to KRW 5 million.

2. As to the Defendants’ assertion, the Defendants transferred the Defendant Company’s obligation to Defendant Company D (hereinafter “D”) to the Plaintiff. Since D transferred the Plaintiff the amount of KRW 92 million out of the maximum amount of KRW 300 million out of the right to collateral security established with respect to the Plaintiff’s apartment E-F, Busan, Busan, to the Plaintiff, it is argued that the Defendants’ claim for the payment of the amount of the goods against the Plaintiff was extinguished. Therefore, it is presumed that the obligor’s transfer of other claims to the Plaintiff in relation to the repayment of the obligation to the obligee is a transfer by means of a collateral or reimbursement for the repayment, barring special circumstances, and in that case, it cannot be deemed that the original claim is extinguished if the claim is transferred, and it cannot be deemed that the original claim is extinguished only when the obligee received the payment of the claim, and it is deemed that the obligor was discharged or transferred to the Plaintiff’s obligation to the Plaintiff (see Supreme Court Decision 2012Da4098, May 9, 2013, etc.).