1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant contracted D Co., Ltd. (hereinafter “D”) with a construction work on Pyeongtaek-si E ground (hereinafter “instant construction work”).

B. D entered into a contract for the supply of ready-mixed with the Plaintiff around August 1, 2018 for use in the instant construction, and was supplied by the Plaintiff from August 2018 to May 2019 (hereinafter “instant ready-mixed”).

C. On August 1, 2018, the Plaintiff received from D an order of ready-mixed as shown by the Defendant as a joint and several surety in relation to the instant ready-mixed supply contract (hereinafter “instant contract”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1-2, the purport of whole pleadings

2. The party's assertion and judgment

A. The plaintiff asserts that the defendant is jointly and severally liable to pay the amount of KRW 50,705,310 to the plaintiff, since the plaintiff is jointly and severally liable for the payment of the amount of ready-mixed.

In this regard, the defendant did not conclude a joint and several guarantee contract with the plaintiff, and even if the joint and several guarantee contract was concluded,

Even if the contract of this case does not specify the maximum amount of the guaranteed debt, it asserts that the joint guarantee contract is invalid.

B. Article 428-3 of the Civil Act provides that “A guarantee may be made for a large number of obligations with uncertain obligations. In such cases, the maximum amount of the guaranteed obligations must be specified in writing.” Paragraph (2) of the same Article provides that “in the case of paragraph (1), the maximum amount of the obligations shall not be effective as a guarantee contract that does not specify in writing pursuant to Article 428-2(1).”

The amount of the guaranteed obligation to be borne by the guarantor, if it is guaranteed for a large number of obligations uncertain, will be excessively expanded than that which was expected or could have been expected by the guarantor.