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1. The Defendant: (a) KRW 26,877,520 to the Plaintiff within the scope of KRW 30,000; and (b) from July 21, 2016 to February 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, who is engaged in the manufacture, sales, etc. of ready-mixed, supplied ready-mixed from December 19, 2014 to April 28, 2016, to Company B (former trade name: C; hereinafter “Nonindicted Company”) that is engaged in the housing construction business, etc.
Specific on-site names are as listed below (the entry of "Yansan City" in the address is omitted. D sites were supplied in accordance with the order of the non-party company; hereinafter referred to as "each site of this case"). On-site names manager 1 E, F, G, and H multi-household 2 I, J multi-household 2 I, non-party 3 K, non-party 4 M, non-party 4, non-party 4, non-party 4, non-party 4, non-party 5, non-party 5, non-party 5, non-party 1 in N multi-household.
B. On January 6, 2015, the Plaintiff prepared an order for ready-mixed (contract) with the non-party company as set out below, and the Defendant, who is an internal director of the non-party company, signed the above contract with the maximum amount of KRW 30,000,000 as a joint and several surety.
(hereinafter referred to as the “instant contract”). The details of the order of this case are as follows: On-site address of the representative standard unit price (land size / won) quantity of the construction site; and contact information with a construction-use housing with a person in charge of A, other than E, for the president.
C. The price that the Plaintiff was not paid by the non-party company is KRW 26,877,520.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, 11, Eul evidence 7 and 8 (including each number), the purport of the whole pleadings]
2. Determination
A. 1) The Plaintiff asserts that, as the Defendant jointly and severally guaranteed the Defendant’s obligation to purchase the goods against the Plaintiff by Nonparty Company, the Defendant is obligated to pay the amount of the goods unpaid and the damages for delay thereof to the Plaintiff. 2) As to this, the Defendant’s joint and several liability is the amount of goods related to ready-mixed supplied to four sites of new housing construction works on the ground of the title four lots of land, E, F, G, H, etc. (hereinafter “E”) in Ansan-si, Ansan-si, and the said amount of goods related to the construction was fully repaid.