A. The Plaintiff is a company engaged in the manufacture and sales of ready-mixed, and the Defendant Company is a company engaged in the production and distribution of mushroom seeds and the distribution of spawn seeds.

B. On April 5, 2017, Defendant D (former name: E) concluded an order agreement with the Plaintiff on the status of director or agent of the Defendant Company, whereby the Defendant Company would be supplied with ready-mixeds from the Plaintiff at the site of the construction of a mushroom Production Project located in the YF located in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant construction”) that the Defendant Company was contracted, and the Defendant Company would be the principal contractor, and the Defendant Company entered into an order agreement (hereinafter “instant contract”) with the content that the joint and several surety is the joint and several surety, and written an order form (Evidence A) containing the content thereof.

Defendant D jointly and severally guaranteed the Defendant Company’s obligation to pay goods to the Plaintiff within the limit of KRW 66,00,000 under the instant contract.

C. According to the instant contract, the Plaintiff supplied ready-mixed equivalent to the sum of KRW 48,489,100 as shown in the attached Table from April 7, 2017 to July 22, 2017 at the site of the instant construction project of the Defendant Company, and received a receipt from the Defendant’s side, and also issued a tax invoice according to the above supply details to the Defendant Company.

Nevertheless, the Defendants still did not pay to the Plaintiff the total amount of KRW 48,489,100 according to the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 7, and 11, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion was ordered by the Defendants and supplied ready-mixeds according to the instant contract to the Defendants. While the construction of the instant case was completed, the Defendants did not pay KRW 48,489,100 for the said goods.

In addition, the plaintiff believed that the defendant D was the representative of the defendant company and concluded the contract of this case with the defendant D, the defendant company of this case.