The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On August 13, 2018, the Defendant: (a) contracted the construction of a new building E on the ground of the Dongdaemun-gu Seoul Special Metropolitan City E (hereinafter “instant construction”) to a limited liability company D at KRW 2,322,150,000,000.

In addition, on August 23, 2018, the general director of DD delegated the construction (construction, design, supervision) and sale of the said new building to F, and recognized the construction cost as KRW 2.8 million per square year, and agreed to pay 10% of the total profit when the profit in the course of the sale and lease of the building exceeds KRW 1 billion.

B. On October 15, 2018, the Plaintiff drafted a supply contract for ready-mixed (Evidence 4; hereinafter “instant contract”) to supply ready-mixed at the construction site of this case with limited liability companies D and the instant construction site. The Defendant’s name and seal is affixed on the joint and several guarantee column of the said contract.

C. The Plaintiff supplied ready-mixed at the construction site of this case from October 30, 2018 to November 16, 2019 pursuant to the above ready-mixed supply contract. The Plaintiff did not receive KRW 31,579,440 out of the present ready-mixed price.

On the other hand, on September 18, 2019, the Plaintiff received a written confirmation of the balance of the credit account (Evidence A 5; hereinafter “instant confirmation document”) that the unpaid balance from D-liability company to the time shall be paid from December 29, 2019, and the Defendant’s name and seal is affixed to the confirmation person (debtor) in addition to D-liability company.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1, 4, and 6, purport of the whole pleadings]

2. Plaintiff’s assertion and judgment

A. The Defendant asserted that the Defendant shall delegate the instant contract and the confirmation document to F of a limited liability company D’s general director F, and agreed to pay the amount of ready-mixed supplied by the Plaintiff at the construction site of the instant case. As such, the Defendant is jointly and severally liable with D to pay the amount of ready-mixed to the Plaintiff.

B. The part of the instant contract and written confirmation is directly owned by the Defendant.