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1. The Defendant shall jointly and severally with C and D KRW 45,673,340 against the Plaintiff and the date of full payment from May 24, 2019.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures and sells ready-mixed. On April 6, 2018, the Plaintiff supplied ready-mixed (hereinafter “instant ready-mixed”) at the new construction site of both F and three lots of ground factories (hereinafter “instant factory”) at the time of Yangju, a construction business was requested by C with the trade name “E”, and by November 2018, C supplied the instant ready-mixed (hereinafter “instant ready-mixed”).
B. G, the owner of the instant plant, was first awarded a contract to C for the construction of the instant factory. However, C renounced the construction in the name of H Co., Ltd. (hereinafter “H”) while performing the construction work based on the floor and the retaining wall concrete under the name of H (hereinafter “H”), and G received a written revocation of construction from H around December 2018, and ordered the remainder of construction to the Defendant on December 20, 2018.
C. The Plaintiff sought KRW 48,673,340 of the outstanding amount from the price of the instant ready-mixed to C, and heard that it would be expected that the subsequent construction would be made by C, and sought D to find it at the Defendant’s office at the new site of the instant plant. D, as it was the actual representative of the Defendant, stated “BEOD” to the Plaintiff. The Plaintiff, under the Defendant’s name, made a letter of commitment to pay the outstanding amount to the Plaintiff from February 28, 2019 to April 15, 2019 (Evidence No. 6-1, hereinafter referred to as “instant letter of commitment”). The Plaintiff entered the said letter of commitment as the guarantor.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 1 to 8, witness I's testimony, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that the parties concerned agree to pay the outstanding amount to the Plaintiff based on the instant letter of undertaking, and thus, the Plaintiff is obligated to pay the outstanding amount to the Plaintiff pursuant to the said agreement. Even if the said letter of undertaking was prepared without the authority of D to act on behalf of the Defendant, as alleged by the Defendant.