1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On December 15, 2015, the Plaintiff entered into a contract to supply ready-mixeds to be used at the construction site implemented by B with B on December 15, 2015, and entered into a joint and several surety contract with B with the Defendant for the obligation to pay ready-mixeds in accordance with the above contract (hereinafter “instant guarantee contract”).

At the time of the instant guarantee agreement, no amount is stated in the Defendant’s “Maximum guarantee amount” column.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, and the purport of the whole pleadings

2. The plaintiff asserts that the defendant is liable to pay 37,574,240 won for the unpaid ready-mixed as a joint and several surety.

In regard to this, the Defendant constitutes a guarantor under the Special Act on the Protection of Surety (hereinafter “Surety Protection Act”), and the maximum amount of the debt at the time of entering into the instant guarantee agreement is not specified in writing, and thus, the instant guarantee agreement is null and void in violation of Article 6 of the Surety Protection Act.

Article 6 of the Surety Protection Act provides that the maximum amount of the debt shall be specified in writing when guaranteeing the obligation arising from a continuous contract between the creditor and the principal debtor or from any other kind of transaction (Paragraph 1), and that the guarantee contract whose maximum amount is not specified in writing shall not be effective.

(2) The provisions of subsection (2) are specified.

As seen earlier, the instant guarantee agreement is a contract to guarantee the obligations arising from the supply of ready-mixeds used at the construction site B, and the maximum amount of the guarantee is not specified in writing, and thus, the instant guarantee agreement has no effect.

Therefore, since the defendant is not liable as a joint and several surety, the plaintiff's assertion is without merit.

Next, the plaintiff is the actual party to the contract for the supply of ready-mixed as the site manager at the construction site B.