A. On January 25, 2016, the Plaintiff is a legal entity that mainly engages in the manufacture and sales of ready-mixed, Defendant A is a personal business entity that engages in the construction business with the trade name of Defendant C, and Defendant B awarded a contract for the construction of the second floor detached house located in Seosan-si D (hereinafter “instant construction”).

B. On February 19, 2016, Defendant A entered into a contract for the supply of ready-mixeds with the Plaintiff (within 15 days after the date of payment) on the instant construction project, and Defendant B jointly and severally guaranteed the Defendant A’s obligation to pay ready-mixeds for the instant construction project with respect to the Plaintiff.

The Plaintiff entered into a contract for supply of ready-mixed with Defendant A under the aforesaid conditions even at the construction site other than the instant construction work site, and supplied ready-mixed to Defendant A.

C. From February 19, 2016 to October 1, 2016, Defendant A was supplied with ready-mixed equivalent to KRW 70,362,280 from the Plaintiff, and Defendant A paid KRW 49,597,400 to the Plaintiff.

The Plaintiff supplied ready-mixeds equivalent to KRW 7,59,520, totaling KRW 7,599,520 on February 19, 2016 at the instant construction site, KRW 3,364,200 on February 25, 2016, KRW 2,990,40 on April 1, 2016, and KRW 7,59,520 on May 6, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the facts acknowledged earlier as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff delay damages at the rate of 15% per annum from September 20, 2017 to the day of full payment, which is the day following the day of service of the copy of the application for modification of the claim and the cause of the claim in this case sought by the Plaintiff.

B. According to the facts acknowledged earlier as to the claim against Defendant B, Defendant B jointly and severally guaranteed the Defendant A’s obligation to pay the price of ready-mixed with respect to the instant construction work. As such, Defendant B and the Plaintiff jointly and severally with the Defendant.