A. On September 7, 2013, the Plaintiff entered into a contract for the supply of ready-mixed, which is cash settlement within 30 days of settlement terms, from the 1st cubic meters of supply value, with Defendant Kwork Industry Development Co., Ltd. (hereinafter “Defendant Company”), approximately 65,890 won per 1 cubic meters of supply value, approximately 500 cubic meters of total designed volume, and Defendant A jointly and severally guaranteed the Defendant Company’s obligation to pay the above ready-mixed price to the Plaintiff.

B. From September 5, 2013 to April 26, 2014, the Plaintiff supplied to the Defendant Company an amount equivalent to KRW 54,220,155 in 819 cubic meters, but did not receive KRW 21,890,330,00.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 5 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 21,890,330, and the following day following the due date for payment, to November 7, 2014, each of which is the delivery date of a copy of the complaint filed by the Plaintiff, to November 7, 2014; Defendant A is liable to pay the Plaintiff damages for delay calculated at each of the rates of 6% under the respective Commercial Act until September 15, 2014; and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

B. As to Defendant A’s assertion, Defendant A jointly and severally guaranteed the Defendant Company’s obligation to pay back to the Plaintiff amounting to KRW 32,945,00 (=65,890 + 500 cubic meters). Since the Plaintiff was paid KRW 31,758,398 from the Defendant Company, Defendant A is obligated to pay the Plaintiff the amount of KRW 1,186,602 (=32,945,000 - KRW 31,758,398), and its delay damages. The Plaintiff’s claim on the portion exceeding the above KRW 1,186,602 should be dismissed.

Where there exists a continuous limit of liability for guarantee, unless the remainder of the obligation within the limit of the guarantee remains, it shall be caused by transactions within the limit of the above limit, or by transactions exceeding such limit.