A. On November 19, 2010, Defendant A (hereinafter “Nonindicted Company”) awarded a contract for construction of F building on the land D and E (hereinafter “instant F construction”) on the 2.2 billion won (excluding value-added tax) for the construction cost to Dongbcheon-si and E land, and the Nonparty Company commenced the instant F construction work immediately thereafter.

B. Among them, the non-party company requested the Plaintiff, a company established for the purpose of selling ready-mixed, etc., to supply ready-mixed necessary for the instant F Corporation.

C. On December 16, 2010, the Plaintiff entered into a contract for the supply of ready-mixed (hereinafter “instant supply contract”) with the non-party company (hereinafter “non-party company”) to supply ready-mixed necessary for the instant F Corporation to 47,698 won per one cubic meter (value-added tax). Defendant A and the non-party company B, the owner of the instant F Corporation, as a director of the non-party company, jointly and severally guaranteed the non-party company’s obligation to pay back-mixed goods to the Plaintiff under the instant supply contract.

Then, from December 23, 2010 to December 31, 2011, the Plaintiff supplied ready-mixeds equivalent to KRW 111,168,244, which are necessary for the instant F Corporation. During the above period, the Plaintiff was paid only KRW 72,560,538, out of the price of the above ready-mixed goods by the non-party company, and the remaining KRW 38,607,706 was not repaid.

E. Around 2012, the Plaintiff filed a lawsuit against Nonparty Company seeking payment of the price for ready-mixed goods with this Court Order 2012Da39363. On May 8, 2013, the said court rendered a judgment that “The Plaintiff shall pay 38,607,706 won for the unpaid ready-mixed goods related to the instant FF project and delay damages therefor to the Plaintiff,” and the said judgment became final and conclusive on February 27, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 10-2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendants are the defendants.