1. The Defendants are jointly and severally liable to the Plaintiff for 46,88,600 won and the interest rate of 15% per annum from March 25, 2016 to the date of full payment.

1. Facts of recognition;

A. The Plaintiff Company is a corporation with the objective of manufacturing, selling, etc. of ready-mixeds. 2) C Co., Ltd. (hereinafter “B Co., Ltd.”) changed its trade name to “B Co., Ltd.” on January 11, 2016; hereinafter “Defendant B”) is a corporation with the objective of construction business, etc., and Defendant A is the representative director of Defendant B.

B. On November 6, 2015, Plaintiff Company entered into a contract to supply ready-mixed at the site of new construction works between Defendant B and Defendant B, and Defendant A jointly and severally guaranteed the Plaintiff Company’s obligation to pay for the goods. 2) The Plaintiff Company supplied ready-mixed to Defendant B from November 6, 2015 to December 23, 2015, but did not receive KRW 46,88,600 for ready-mixed.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff Company the unpaid amount of KRW 46,888,600 and the delay damages therefor.

B. As to Defendant B’s assertion, Defendant B asserted to the effect that, at the time of the instant ready-mixed supply contract, the payment of the price for the goods was made after the establishment of the first floor slves, and the present first floor slves was not made.

According to the aforementioned evidence, in the column of the “price payment terms” of the instant ready-mixed supply contract, the fact that the “price deposit” is indicated as the “price deposit after the establishment of the first floor slives after the third floor slives of the claim per month is recognized.”

However, the following circumstances can be revealed by the purport of the entire evidence and arguments acknowledged earlier, that is, the Plaintiff Company, at the time of entering into a contract for the supply of ready-mixed, should pay the price for the goods after one month on the ground that Defendant B spent approximately one month to the first floor slabs at the time of entering into the contract for the supply of ready-mixed.