A. On March 12, 2018, the Defendant awarded a contract to Nonparty E Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) for construction work of constructing a 4th floor commercial building at KRW 1,450,000 (Additional Tax). The Plaintiffs were awarded a subcontract from Nonparty Co., Ltd. for the 1,450,000,000 (Additional Tax). The Plaintiffs were awarded a subcontract from Nonparty Co., Ltd. for the interior work and Plaintiff B, respectively

B. Although the Plaintiffs completed all subcontracted construction works, they exercised a lien on the instant building as the non-party company failed to pay the construction cost, and on November 2, 2018, the Plaintiffs drafted a written agreement (Evidence A No. 4) with the non-party company, the Defendant, and the non-party D as follows.

On the first lien agreement for construction cost: T (11,350,000 won): The construction cost shall be paid to the above first lien holder in accordance with the first agreement amount set forth in B (24,50,000 won, additional tax rate).

(A) the owner C2D (B) the owner of the building who is a joint and several surety of the non-party company in the case of the contractor C2D (B) the owner of the building who is a joint and several surety of the non-party company in the case of the contractor C, C, and the non-party company, shall finally confirm the settlement and pay the settlement within five days from the date of the final determination. If the payment is not made within 25 days, "A" shall be responsible for civil and criminal liability and compensation to the lien holder.

2. According to the above facts of determination as to the cause of the claim, since the defendant has jointly and severally guaranteed the debt of the non-party company to the plaintiffs, the defendant has jointly and severally guaranteed the debt of the non-party company to the plaintiffs, 12,485,000 won for the payment of the construction price (i.e., value-added 1,135,000 won for construction price) and 26,965,000 won for the plaintiff B (i.e., construction price of KRW 24,50,000 for 2,450,000 for 2,450 won) and each of the payment periods stipulated in the agreement of this case (from November 2, 2018 to October 25, 2019, the delivery date of the written application for the payment order of this case from November 28, 2018 to the delivery date of the written application for the payment order of this case, 6% per annum under the Commercial Act, and 12% per annum.