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1. The Defendant’s KRW 56,484,780 and KRW 41,776,240 among the Plaintiff’s KRW 56,780 and KRW 14,708,540 from June 1, 2018.
Reasons
1. Basic facts
A. On May 1, 2017, the Plaintiff entered into a ready-mixed contract (hereinafter “instant contract”) with Nonparty E Co., Ltd. to supply ready-mixed as requested by the Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). On the same day, the Defendant jointly and severally guaranteed the Plaintiff’s obligation to pay back-mixed to the Plaintiff.
B. Upon the request of the non-party company, the Plaintiff supplied ready-mixeds totaling KRW 56,484,780,780 by May 31, 2018, including KRW 41,776,240, and KRW 14,708,540 by June 30, 2018.
[Judgment of the court below] The ground for recognition is without merit, Gap 1 through 5, and the purport of the whole pleadings.
2. Determination
A. According to the above facts as to the cause of the claim, barring any special circumstance, the defendant is liable to pay 56,484,780 won and damages for delay to the plaintiff as a joint and several surety for the debt for ready-mixed based on the contract of this case.
B. As to the Defendant’s assertion, the Defendant asserts to the effect that, as an executor who has contracted construction to the Nonparty Company, the Defendant is not liable as a joint and several surety because it is not related to the instant contract. Even if there exists a joint and several surety agreement between the Plaintiff and the Defendant, the guarantee period
The facts of joint and several sureties between the Plaintiff and the Defendant are as shown in the above basic facts, and there was a special agreement on the period of joint and several sureties between the Plaintiff and the Defendant.
Since there is no evidence to prove that the above joint and several guarantee is null and void because the period is not valid, the defendant's above assertion is without merit.
C. If so, the Defendant, as a joint and several surety, recorded the following day from July 1, 2018, the date following the final supply of 56,484,780 won and 41,776,240 won among them to the Plaintiff as a joint and several surety, on which it is obvious that the Defendant is the following day after the delivery of a copy of each complaint of this case from July 1, 2018 to December 26, 2018.