1. The Defendant shall pay to the Plaintiff KRW 56,204,070 and interest rate of KRW 15% per annum from March 26, 2016 to the date of full payment.

1. Determination on the cause of the claim

A. On July 16, 201, the Plaintiff entered into a contract with the Co., Ltd. (C Co., Ltd.; hereinafter “E”) on the supply of ready-mixed at the construction site of Jinhae-gu F loan construction site performed by E (hereinafter “E”), as a seller of ready-mixed, and the Defendant, as the owner of the above construction, jointly and severally guaranteed the obligation to pay ready-mixed price.

From July 18, 2011 to January 7, 2012, the Plaintiff supplied ready-mixeds equivalent to KRW 1,396,814,30 in 200,000, and KRW 32,610,260 in total from August 31, 201 to February 29, 2012.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

B. According to the above facts of recognition, the defendant is obligated to pay 56,204,070 won (=8,814,30 won - 32,610,260 won) to the plaintiff, barring any particular circumstances.

2. Judgment on the defendant's assertion

A. The Defendant’s defense of performance 1) The Defendant paid all the construction cost to E, and even E paid all the amount to the Plaintiff in excess of the payment. The Defendant’s defense of performance is without merit as otherwise asserted by the Defendant, except for the following: (a) The amount of the No. 15,000,000 won on August 31, 201; (b) the amount of the No. 15,000,000 won on September 31, 201; (c) the amount of the Plaintiff’s assertion that the Plaintiff was paid in excess of the amount of the No. 130,000 won on November 30, 201; and (d) the amount of the Plaintiff’s assertion that the Plaintiff was paid in excess of the amount of the No. 130,000 won on December 8, 2011.

Rather, according to the statements in Gap evidence Nos. 6 through 9, the plaintiff entered into a contract with C Co., Ltd. to supply ready-mixed at the new site of G construction around October 13, 2009, and made ready-mixed by March 18, 2010.