1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Comprehensively taking into account the judgment on the cause of the claim, Gap evidence Nos. 1, 2, 3, and 10 (including paper numbers; hereinafter the same shall apply) and the overall purport of the pleadings, the plaintiff, who runs the manufacture and sale business of ready-mixed, entered into a contract with Eul on July 16, 201, to supply ready-mixed to the construction site of Chang-gu, Changwon-gu, Changwon-gu, Seoul (hereinafter referred to as "E") constructed by Eul (hereinafter referred to as "F loan construction site"), with the owner of the above construction at KRW 10 million, with the maximum amount of guaranteed debt as KRW 100 million, and the fact that the plaintiff supplied 30 million from July 18, 201 to December 17, 201; and the fact that the plaintiff supplied 1,396,381,281,200,361,361,281,200,361,281

(2) The defendant asserted that the plaintiff's 1,00 won of ready-mixed supplied to E was not supplied to the construction site of F-Ba, while the plaintiff's 8,814,30 won was jointly and severally guaranteed for ready-mixed supplied to the construction site of F-Ba, but the plaintiff's 8,814,30 won of ready-mixed supplied to E can be recognized as having been supplied to the construction site of F-Ba, and the above defendant's above assertion cannot be accepted. According to the above facts of recognition, the defendant is obliged to pay the plaintiff the amount of 56,204,070 won (=8,814,30 won - 32,610,260 won) and damages for delay, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. The Defendant, in addition to KRW 32,610,260, which the Plaintiff deemed to have received reimbursement from E, paid KRW 62,414,130 to the Plaintiff as indicated in the following table, and paid KRW 88,814,330 to the Plaintiff at the F lending construction site. Rather, the Defendant paid KRW 62,414,30 to the Plaintiff.