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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 90,000,000 and the interest thereon from April 1, 2013 to the date of full payment.
Reasons
1. If the purport of the entire pleadings is added to the evidence Nos. 1 through 3 of the judgment as to the cause of the claim, the Plaintiff purchased from Defendant C at least 800 tons between November 1, 2012 and March 31, 2013, and the Plaintiff paid to Defendant C an advance payment of KRW 88,000,000, out of the amount of the scrap metal paid to Defendant C. If Defendant C fails to deliver the said amount to the Plaintiff by the expiry date of the above period, the amount equivalent to 150% of the advance payment shall be paid to the Plaintiff by March 31, 2013. If the said money is not returned by the said period, it is recognized that the contract was concluded by adding the annual damages for delay of 200% from the next day, and that the Plaintiff did not pay the said amount to Defendant C00,300,300,0000 won to the Plaintiff at the time of the conclusion of the contract, but the Plaintiff did not return the said amount to the Plaintiff C1.
In addition, the Plaintiff was paid a total of KRW 42,00,000 from December 4, 2013 to April 30, 2015 by the Defendants.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 132,00,000,000 (i.e., KRW 88,000,000 x 150%) minus the remainder of KRW 42,00,000 which was already paid by the Plaintiff (i.e., KRW 132,00,000 - KRW 42,0000) and damages for delay calculated at the rate of KRW 20% per annum, which is the agreed delay damages rate from April 1, 2013 to the date of full payment after the agreed term.
2. Defendant D’s assertion that, around December 2013, Defendant D agreed between the Plaintiff and the Defendants to take over Defendant D’s obligation to the Plaintiff on a discharge basis, Defendant D’s obligation to the Plaintiff was extinguished. However, it is insufficient to recognize that Defendant D’s obligation to the Plaintiff was concluded on the sole basis of the evidence No. 1, as alleged in Defendant D.