A. On September 20, 2016, the Plaintiff entered into a contract on the temporary renewal of construction works with B Co., Ltd. (the representative C and the substantial operator D) for the construction site located in Yong-Namnam Cancer-gun (hereinafter “instant contract”). The Plaintiff supplied construction materials at the said construction site upon the said company’s request. According to Articles 2 and 3 of the instant contract, the rent shall be paid on the last day of each month and shall be paid damages for delay at the rate of 25% per annum at the time of default.

B. Meanwhile, the defendant, as the original contractor of the contract of this case, marks his address, trade name, and representative director's name in the column of joint and several sureties, and affixed the defendant's on-site employee seal on the next side of the contract of this case.

C. From September 2016 to June 2017, the Plaintiff leased the construction temporary materials at the construction site. On April 30, 2018, the unpaid status of the rent as of April 30, 2018 is KRW 68,364,434 in total, as stated in the “the amount claimed” in the attached Form, and the unpaid damages are KRW 19,564,751 in total.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 14, the purport of the whole pleadings (the defendant's assertion that there was no seal on the joint and several guarantee column of evidence Nos. 1 and 14 of the same letter of order Nos. 1 and 14 of the same letter of order, but the authenticity of the petition is denied, as seen thereafter,

2. According to the facts of the determination as to the cause of the claim, it is reasonable to view that the Defendant jointly and severally guaranteed the obligation of the construction cost rental fee for the Plaintiff under the instant contract. Therefore, the Defendant is obliged to pay to the Plaintiff the agreed damages for delay calculated at the rate of 25% per annum from May 9, 2018 to the date of full payment, as the Plaintiff seeks, with respect to the unpaid rental fee and damages for delay plus the unpaid rental fee of KRW 87,929,185, and the unpaid rental fee of KRW 68,364,434.

3. Judgment on the defendant's assertion

A. The defendant first prepared and executed the column for joint and several sureties of the contract of this case, but this is the contract of this case on the part of the plaintiff.