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1. The Defendants are jointly and severally liable to the Plaintiff for 28,837,558 won and 6% per annum from January 13, 2016 to July 18, 2016.
Reasons
1. Facts of recognition;
A. On October 10, 2015, Defendant B awarded to Defendant A Co., Ltd. (hereinafter “Defendant Company”) a contract for the construction of a new multi-household house in the Nam-gu Incheon Metropolitan City (hereinafter “instant construction”) with the construction cost of KRW 339,00,000 (value-added tax separately).
B. On November 24, 2015, the Plaintiff supplied ready-mixeds to Defendant Company. From around that time to January 12, 2016, the Plaintiff supplied ready-mixeds worth KRW 10,960,908, and KRW 17,876,650, totaling KRW 37,837,558, to the instant construction site of the Defendant Company, and received KRW 9,00,00,000 from Defendant Company.
[Ground for recognition] Defendant Company: The fact that there is no dispute over Defendant B, Gap evidence Nos. 1 through 5, 8, Eul evidence No. 1, and the purport of the whole pleadings and arguments as a whole.
2. According to the above facts of determination as to the cause of the claim against the Defendant Company, the Defendant Company is obligated to pay the Plaintiff the total amount of 28,837,558 won (=37,558 won - 9,000,000 won) and delay damages therefor.
3. Determination as to the cause of the claim against the defendant B
A. The plaintiff alleged by the parties that the defendant Eul jointly and severally guaranteed the defendant Eul's obligation to pay back to the defendant company, and the defendant Eul asserted that the defendant company's joint and several sureties's obligation to pay back to the defendant company is to enter the highest amount and personal information in the joint and several sureties column of the letter of order (Evidence A) which the defendant company received from the defendant company in order to secure joint and several sureties in connection with the supply of ready-mixed, but all the remainders such as site details and contract details at the time are public space. The scope of the guarantee should be limited to the amount of ready-mixed supplied at the construction site of this case by the defendant Eul, and even if the defendant Eul delegated the right to make supplementary statements with regard to the order, it should be revoked because it is due to mistake on important part or due to the defendant
B. Determination Doesck;