A. On November 6, 2015, the Defendant concluded a contract for the supply of ready-mixed with Nonparty D Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) (hereinafter “Non-Party Co., Ltd.”). The Plaintiffs concluded a joint and several guarantee contract with the Non-Party Co., Ltd. for the Defendant’s obligation under the instant ready-mixed supply contract.

B) The Defendant did not pay the supply price of ready-mixed to the non-party company, and the non-party company filed an application for payment order against the Plaintiffs and the Defendant. The Defendant did not raise an objection to the above payment order, and the Plaintiffs filed an objection and filed a lawsuit against the non-party company (the Changwon District Court 2016No. 2580, hereinafter referred to as the “instant lawsuit”).

(C) The Plaintiffs paid KRW 49,178,780 to the non-party company for the provisional attachment of the Plaintiffs’ property. (3) The Plaintiffs were paid KRW 2,989,836 of the amount of the deposit for the year from the year to the non-party company, which became final and conclusive in the judgment against the Plaintiffs, and KRW 49,178,780 of the amount of the deposit for the year to the non-party company. (2) Accordingly, the Plaintiff claimed KRW 49,178,780 of the amount of the deposit for the year to the non-party company, and claimed KRW 2,989,836 of the amount of the lawsuit to compensate for damages.

B. The Defendant’s conclusion of the relevant construction contract and the developments leading up to the Plaintiffs’ joint and several sureties of the instant ready-mixed supply contract were awarded a contract for the construction of electric source housing on a lot outside F and one parcel to Nonparty E, and the Defendant was awarded a subcontract from the said company for the shipbuilding construction among the said new construction works.

However, as the plaintiffs failed to pay the construction cost when it was offered, the above E company and the defendant failed to pay the construction cost properly, the plaintiffs became joint and several sureties of the supply contract of the instant ready-mixed.

In addition, the above E company did not pay a large amount of construction cost to the above E company.