A. On June 2015, the Defendant awarded a contract to Nonparty B with the second-class neighborhood living facilities built in Jincheon-gun C, Jincheon-gun, and the new construction of a detached house at KRW 350 million (Additional tax separately).

B. From June 2015, the Plaintiff entered into a contract with B to supply ready-mixed produced by the Plaintiff to the said new construction site (hereinafter “instant ready-mixed supply contract”), and the Defendant jointly and severally guaranteed the obligation owed by B due to the instant ready-mixed supply contract.

C. From June 17, 2015 to September 21, 2015, the Plaintiff supplied ready-mixed 31,455,800 won to B, and on September 3, 2015, the remainder of the supply price of ready-mixed 3,284,200 won paid from B is KRW 28,171,60.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 through 8 (including paper numbers), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant, as a joint guarantor of the instant ready-mixed supply contract, is obligated to pay 28,171,600 won of the remainder of the supply price of ready-mixed that B delayed to the plaintiff as well as damages for delay.

B. The defendant's assertion 1) The defendant asserted that if the circumstance in which the defendant jointly and severally guaranteed the instant ready-mixed supply contract causes a situation where ready-mixed will enter several places more harshly than the expected quantity between the plaintiff and the plaintiff, it would be joint and several surety for the quantities entered into several places, and it is not a joint and several surety for the entire amount of ready-mixed that the plaintiff bears. However, there is no evidence to acknowledge this, this part of the defendant's argument is without merit. 2) The defendant again provided that the plaintiff agreed to receive the price within 10 days after delivery under the instant ready-mixed supply contract and did not receive the price under the above agreement, but supplied ready-mixed to B, and the defendant continued to provide the defendant with ready-mixed.