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1. The Defendants jointly and severally committed against the Plaintiff KRW 62,035,798 and the Defendant Co., Ltd. from July 1, 2014.
Reasons
1. Facts of recognition;
A. On November 14, 2013, the Plaintiff entered into a contract with Defendant Digital Construction Co., Ltd. (hereinafter “Defendant Digital Construction”) to adjust the unit price for the unclaimed portion from the time of the change in the cost of materials (including value-added tax 15,135,000 won) to KRW 166,485,00 in cubic meters (including value-added tax 15,135,000), which is an amount equivalent to 74% of the standard unit price for each 2,500 cubic meters. Defendant A, the owner of the building, under mutual agreement, jointly and severally guaranteed the obligation to pay the amount of ready-mixed portion under the instant supply contract with Defendant Digital.
B. However, around March 24, 2014, the Plaintiff sent to Defendant D's Republic of Korea a document stating that "it is inevitable to adjust the unit price of ready-mixed per cubic meter to 90% of the standard unit price, due to the increase of cement price." From April 2014, the Plaintiff agreed to increase the unit price of ready-mixed per cubic meter in KRW 69,540,000, the amount equivalent to 85% of the standard unit price in cubic meters, following consultation between B and Defendant D, who is a person in charge of the Plaintiff's side, and C, who is a person in charge of the Defendant D's side, from April 2014.
C. According to the instant supply contract, the Plaintiff supplied ready-mixed to Defendant D with Defendant D from November 15, 2013 to May 31, 2014, and KRW 62,035,798 (including value-added tax) out of the price was unpaid.
[Ground of recognition] Claim against Defendant D: A without dispute; entries in Gap evidence 1 through 7 (including numbers of evidence) and the purport of the whole pleadings; Claim against Defendant A: Judgment of Confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)
2. According to the facts of the above recognition, Defendant D is the principal debtor with which Defendant D is the joint and several liability, and Defendant A is a joint and several liability guarantor and the Plaintiff as a joint and several liability guarantor for the amount of 62,035,798 won and its final supply date.