A. On February 1, 2017, the Defendant entered into a contract with a limited company C (hereinafter referred to as the “non-party company”) under which the former Yong-gun D Apartment Housing Construction Corporation (hereinafter referred to as the “instant construction”) receives construction cost of KRW 2,490,000,000 (hereinafter referred to as the “instant contract”).

B. After entering into the instant contract, the Defendant: (a) supplied ready-mixeds required for the instant construction from the Plaintiff on the joint and several guarantee of the non-party company; (b) supplied them to the Plaintiff at KRW 65,890 per one cubic meter (including additional dues); and (c) agreed to pay the ready-mixeds in cash within 30 days after receiving a claim for the payment (hereinafter “instant ready-mixed supply contract”).

C. From March 3, 2017 to April 26, 2017, the Plaintiff: (a) stated the Defendant as the supplier at the instant construction site; (b) supplied each of the ready-mixeds in the amount equivalent to KRW 1,279 cubic meters (including additional tax, equivalent to KRW 87,971,950); and (c) from May 15, 2017 to September 13, 2017, the sum of 1,869 cubic meters (including additional tax, equivalent to KRW 130,485,300) from May 15, 2017 to September 13, 2017.

On March 31, 2017, the Plaintiff received KRW 50,000,000 from the Defendant, KRW 30,000,000 from the Nonparty Company on June 1, 2017, and KRW 30,000,00 from the Defendant on July 10, 2017 as the price for supply of ready-mixed.

E. The Plaintiff’s outstanding amount under the instant ready-mixed supply contract is KRW 107,857,310 (i.e., 87,971,950 130,485,300 - 50,000 - 30,000,000 - 59,940 won)

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, 5, Eul evidence 1 (including provisional number), the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment as to the cause of the claim, the principal obligor under the instant ready-mixed Supply Contract is the Defendant, and the Plaintiff supplied ready-mixed at the construction site of the instant construction site that the Defendant contracted from the non-party company. Thus, the Defendant is obliged to pay the Plaintiff the outstanding amount for the supply price of ready-mixed and the delayed payment amount, barring special circumstances.

B. The Defendant’s assertion as to the Defendant’s assertion is Nonparty 1, who was on April 2017.