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1. The Defendants are jointly and severally liable to the Plaintiff for 43,035,400 won and the period from January 25, 2014 to August 13, 2015.
Reasons
1. Basic facts
A. On January 28, 2013, the Plaintiff entered into a supply contract with D Co., Ltd. (hereinafter “D”) to supply ready-mixed at the construction site of Kimcheon-si E Urban Residential Housing (hereinafter “D”), and if the Plaintiff files a claim on the 30th day of each month, it decided to obtain approval by D in cash on the 25th day of the following month, and the Defendant Co., Ltd (hereinafter “Defendant A”) jointly and severally guaranteed the obligation to pay the above goods (hereinafter “first joint and several guarantee contract”). B. The Plaintiff supplied ready-mixed from January 31, 2013 to D, but from June 2013, the Plaintiff attempted to supply the said goods to the Plaintiff as a joint and several surety (hereinafter “Defendant Co., Ltd.”) with D’s joint and several surety’s joint and several liability for the payment of D’s above goods. The Plaintiff continued to supply the goods to the Plaintiff at the 20th anniversary of the Plaintiff’s request for the supply of D’s joint and several liability.
C. Defendant B and C concluded the secondary joint and several sureties contract, and signed and sealed a copy of the primary joint and several sureties contract between the Plaintiff and D as a joint and several sureties.
From January 31, 2013 to December 5, 2013, the Plaintiff supplied ready-mixeds equivalent to KRW 215,230,400 to D. Of the price, the Plaintiff received KRW 166,195,000 in total from Defendant B and KRW 6,000 in total from Defendant B.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), witness F's testimony, purport of whole pleadings
2. The parties' assertion
A. The Defendants asserting that they were jointly and severally liable for the purchase price of ready-mixeds against the Plaintiff. Thus, the Defendants jointly and severally provided to the Plaintiff the amount of KRW 43,035,400 = ready-mixed supplied to the Plaintiff.