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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 2012, the Plaintiff (mutual name: B, the Plaintiff, and C) contracted F and six parcels of land-based detached housing construction works to D (mutual name: E) from October 17, 2012 to February 17, 2013. The Defendant supplied construction materials to D and Co., Ltd. (hereinafter “G”) that supply the said detached housing to the construction site using ready-mixed to D and Co., Ltd. (hereinafter “L”).
B. The Defendant entered into a supply contract with D and G on October 22, 2012 prior to the supply of ready-mixed. The order written between D and D entered into between D and the contractor who ordered the ready-mixed, the Plaintiff entered the order as joint and several sureties (Evidence 2-1 and No. 9-1; hereinafter the same shall apply), and the order written between G and the contractor who ordered the ready-mixed, and the Plaintiff entered the order in the order written between G as joint and several sureties (Evidence 2-2 and No. 9-2 of the evidence No. 2, No. 9-2; hereinafter the same shall apply), and the Plaintiff signed and sealed the order in each of the instant order joint and several sureties.
C. On December 24, 2013, the Defendant submitted the instant order to the Plaintiff at the Changwon District Court through the Changwon District Court, 2013 tea151, and filed an application with G for a payment order seeking the performance of joint and several liability for the joint and several liability for the payment of the amount of ready-mixed obligation. On December 24, 2013, the said court ordered the Plaintiff to pay KRW 9,609,008 and its delay damages jointly and severally with G, and the said payment order reached the Plaintiff on December 26, 2013 and became final and conclusive on January 10, 2014.
The defendant shall issue a payment order against the plaintiff for the performance of the joint and several surety obligation against D as the Changwon District Court 2013 tea 1152, the Changwon District Court 2013Da1152.