A. On December 20, 2016, the Plaintiff supplied D (E) with construction materials equivalent to KRW 119,590,000 in relation to the new construction of G Machinery Factory in the G Machinery Industrial Complex in Chungcheongnam-gu, Chungcheongnam-do.

B. On August 16, 2018, the Defendant, who subcontracted the said new factory construction project to D, drafted an agreement with the Plaintiff, stating that “If D fails to pay KRW 3,2590,000 in the balance of the material price by September 30, 2018, the Defendant, as a joint and several surety, shall repay it to the Plaintiff within 15 days.”

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 5, and 6, and the purport of the whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant, a joint and several surety, is obligated to pay to the Plaintiff 3,259,000 won and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from October 16, 2018 to February 22, 2019, the delivery date of a copy of the complaint in this case, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

B. As to this, the defendant asserts that it is unreasonable to file a lawsuit with the defendant who is a joint and several surety without first claiming D as the principal obligor. However, the legal joint and several surety does not have a right to defense of highest search (see Article 437 of the Civil Act), and there is no evidence to acknowledge that the plaintiff has a reason to claim the price of the goods to the principal obligor prior

The defendant's argument is without merit.

3. The plaintiff's claim for conclusion is reasonable, and it is so accepted as per Disposition.