A. The parties’ relevant Defendant C limited liability company (hereinafter “Defendant C”) ordered Defendant B Co., Ltd. (hereinafter “Defendant B”) to construct a new commercial building located in D at the time of B (hereinafter “instant contract”), and the Plaintiff agreed with Defendant B to supply ready-mixed used at the said new construction site (hereinafter “instant supply contract”) between Defendant B and the Plaintiff (hereinafter “instant supply contract”), and supplied ready-mixed to Defendant B.

B. The Plaintiff and the Defendants agreed to pay the Plaintiff KRW 437,103,650, out of the amount of goods under the instant supply contract, Defendant B, who did not pay the Plaintiff KRW 437,103,650, as well as the amount of goods under the instant supply contract. The Plaintiff and the Defendants agreed on June 30, 2016 to pay the Plaintiff KRW 437,

(hereinafter “instant direct payment agreement”). 【No dispute exists concerning the ground for recognition, Gap evidence 1-1-2, and the purport of the entire pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff supplied ready-mixed to Defendant B in accordance with the instant supply contract, and the Plaintiff and the Defendants agreed on the instant direct payment agreement as seen earlier. The Plaintiff jointly claimed the Plaintiff to pay KRW 237,89450 to the Plaintiff “joint and several” in the purport of the claim, but the Defendants did not separately assert and prove that the Defendant C’s obligation under the instant direct payment agreement constitutes joint and several obligation. Therefore, the Defendants jointly claimed “joint and several obligation.”

As to the Plaintiff, within the scope of KRW 183,49,920, excluding KRW 237,889,450, which the Plaintiff had received from the above 437,103,650, Defendant B, as of June 26, 2018, on the record that the original of the instant payment order was the day following the day when the original of the instant payment order was served to Defendant B, and Defendant C, as of the day following the day when the original of the instant payment order was served to Defendant C, was clearly recorded, under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 24, 2018 to the day when the original of the instant payment order was repaid.