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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 80,000,00 and Defendant B with respect thereto from December 29, 2016, and Defendant C with respect thereto.
Reasons
1. On March 3, 2015, the Plaintiff agreed with Defendant B to have the Plaintiff catch and supply fish, and the Plaintiff paid KRW 80,000,000 to Defendant B as advance payment, and Defendant B agreed to return advance payment when the contract for long-term fish supply was cancelled or terminated at the time. Defendant C guaranteed the obligation to return advance payment; Defendant B guaranteed the obligation to return advance payment; Defendant B discontinued the supply of long-term fish around June 3, 2015; and Defendant B terminated the contract for long-term fish supply and sought the return of advance payment from Defendant B around June 4, 2015.
Therefore, Defendants are jointly and severally obligated to return advance payment KRW 80,000 to the Plaintiff. As such, Defendants are jointly and severally obligated to pay to the Plaintiff KRW 80,000,000 and Defendant B, from December 29, 2016, the day following the delivery date of the original copy of the payment order, and Defendant C, from December 30, 2016, is jointly and severally liable to pay damages for delay calculated at the rate of KRW 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from December 30, 2016 to the day of complete payment.
2. The plaintiff's claim for the conclusion is justified and it is so decided as per Disposition by the assent of all participating Justices.