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1. The Defendants are jointly and severally liable to the Plaintiff for 40,000,000 won and the period from June 21, 2017 to February 28, 2018.
Reasons
Comprehensively taking account of the evidence evidence and the overall purport of the arguments as follows: (a) Defendant B received KRW 40,000,000 from the Plaintiff on March 20, 2017, and Defendant C jointly and severally guaranteed the obligation to return the said advance payment; (b) Defendant B did not supply the scrap metal agreed upon to the Plaintiff; and (c) requested the return of the said advance payment from the Plaintiff on May 31, 2017, the Defendants agreed to return the said advance payment to the Plaintiff by June 20, 2017.
According to the above facts of recognition, the Defendants are obligated to pay to the Plaintiff 40,000,000 won with the return of the said advance payment and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from June 21, 2017 to February 28, 2018, which is the last delivery date of the instant complaint from June 21, 2017 to the date of the final delivery of the instant complaint. Thus, the Plaintiff’s claims against the Defendants are justified.