A. 1) On July 25, 2016, the Plaintiff received an order from D, which was issued to request the supply of ready-mixed from D, which is a mutual company of the Plaintiff, to supply ready-mixed at a certain unit price, from July 27, 2016 to July 6, 2017. The Defendant provided joint and several surety for D’s obligation to pay for the above ready-mixed goods. 2) During the supply period, the Plaintiff supplied the Plaintiff with ready-mixed amounting to KRW 106,195,210 during the supply period. However, the Plaintiff failed to receive KRW 41,614,130 out of the price of the goods.

[Evidence Evidence: Written Evidence Nos. 1 through 7 and the purport of the whole pleadings]

B. According to the above facts of recognition, the defendant, as a joint and several surety, has a duty to pay to the plaintiff 41,614,130 won for the remainder of the goods and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from July 7, 2017, which is the day following the final supply date, until August 13, 2020, which is the date of the judgment of this case where it is reasonable for the defendant to dispute about the scope of damages for delay, and the damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases concerning the

2. In conclusion, the plaintiff's claim can be accepted within the above scope of recognition, and it is partially accepted, but it is decided as per Disposition by applying the proviso of Article 101 of the Civil Procedure Act to the burden of litigation costs.