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1. The Defendant shall pay to the Plaintiff KRW 26,563,570 as well as 20% per annum from November 27, 2013 to the day of full payment.
Reasons
1. The following facts may be acknowledged in full view of Gap evidence Nos. 1, 2, 3, 5, 7, 8, and 10 (including each number), Eul evidence Nos. 1 or video, and witness evidence Nos. 1, 2, 3, 5, 7, 8, and 10, and the purport of the entire pleadings. A.
On February 1, 2013, C Co., Ltd. (hereinafter referred to as “C”) with which the Defendant serves as the representative director entered into a construction contract with the Defendant’s building of C’s manufacturing factory on a single unit of Chungcheong-gun D (hereinafter referred to as “D”) and F land owned by the Defendant.
(hereinafter “instant construction project”). (b)
Construction Co., Ltd. subcontracted to Es. engineering Co., Ltd., to which B belongs the portion of civil engineering works among the instant construction works.
C. On May 16, 2013, B entered into an order for ready-mixed with the Plaintiff as “ separate value-added tax” and the Defendant jointly and severally guaranteed the obligation to pay the above ready-mixed price.
The above order contract contains the following descriptions: "Site Address E" and "Site name: C Production Factory New Construction Project" with respect to the construction details (Reference Matters).
E. Accordingly, between May 23, 2013 and September 3, 2013, the Plaintiff supplied 26,563,570 won including the value-added tax to B on seven occasions.
2. The parties' assertion
A. The plaintiff's assertion is a joint and several surety B, and the defendant shall pay the plaintiff the total sum of the ready-mixed price of 26,563,570 won and damages for delay.
B. In relation to the Defendant’s assertion construction of this case, the retaining wall construction is required near the land boundary, and the Defendant, at the request of B, provided joint and several sureties only with respect to ready-mixeds to be supplied to the above retaining wall construction, and there is no joint and several sureties with respect to ready-mixed supplied by the Plaintiff to the floor construction of a factory building near F land.