2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. On September 9, 2016, the Defendant contracted the construction of a factory (hereinafter “instant construction”) to C Co., Ltd. (hereinafter “C”) for KRW 2,535,500,000 for the construction cost.

B. Upon receipt of orders from C, the Plaintiff supplied ready-mixed equivalent to KRW 183,104,850 in total from September 26, 2016 to December 26, 2016, and received KRW 105,685,650 out of the supply price from C.

C. Meanwhile, on October 5, 2016, upon the Plaintiff’s request, C prepared the same order (a written contract) as the attached Form (hereinafter “instant contract”). On the other hand, as the Defendant’s financial director, D or C’s employees E, who managed the instant construction as the Defendant’s financial director, affixed the Defendant’s name and corporate seal on the “joint guarantor” column of the instant contract.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, Eul 1 evidence, Eul 1 evidence, D of the first instance trial witness and F of the trial witness of the first instance trial before remand, the purport of the whole pleadings and arguments

2. The parties' assertion

A. Plaintiff C is liable to pay KRW 77,419,200 (i.e., KRW 183,104,850 - KRW 105,685,650) that is unpaid to the Plaintiff; and the Defendant is jointly and severally liable to pay the unpaid supply price to the Plaintiff, as the Defendant is jointly and severally liable for the payment of the amount of ready-mixed supplied by C.

B. Defendant 1 did not conclude a joint and several guarantee contract for the obligation to supply the above ready-mixed.

(2) Even if the Defendant prepared a joint and several guarantee contract,

Even if a joint and several guarantee contract does not have the intention and scope of the joint and several guarantee contract, it shall not be effective.

③ Furthermore, C’s obligation for the payment of the price of ready-mixed was fully repaid, and ④ even if not repaid,

Even if the plaintiff did not notify the defendant of the failure to pay the principal obligation of C, it is not liable to the defendant for the damages incurred thereby.

3. Determination

A. As recognized in the Defendant’s above basic facts of joint and several sureties, the Plaintiff is between C and C.