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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. The Plaintiff is a company engaged in the manufacture and sale of ready-mixed, and G stock companies (hereinafter “G”) are companies engaged in reinforced concrete construction business, etc.
B. G ordered ready-mixed for construction within the jurisdiction of E and I (hereinafter “instant construction”) to the Plaintiff, and agreed to pay for the price of goods to the Plaintiff at KRW 68,200 (including value-added tax) based on Standards 25-21-12, 1 of E and B. However, other specifications apply the same rate, and to pay for the goods in cash on the last day of the following month after the supply of E and B.
At the time, the defendant was a regular manager of G, and as the representative director of G, the defendant jointly and severally guaranteed all of the above obligations for the payment of the ready-mixed (hereinafter “instant payment obligations”).
C. From March 19, 2015 to June 12, 2015, the Plaintiff supplied ready-mixed equivalent to KRW 29,141,200 in total to G, but G paid only KRW 10,507,700 in total from April 30, 2015 to September 9, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant is jointly and severally liable to the plaintiff with G and other joint and several sureties who are joint and several sureties who are the principal debtor, and the balance of 18,63,500 won in this case (i.e., total amount of 29,141,200 won - total amount of 10,507,700 won in advance) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as the plaintiff seeks after the due date for the payment of the price of this case was due after September 1, 2015 to the defendant and the co-defendants of the first instance trial (where the above original is not served, the copy of the application for the payment order of this case) from September 20, 2016, which is the final delivery date of the original copy of the payment order of this case (where the above original is not served, the copy of the application of this case).
3. Judgment on the defendant's assertion