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1. The Defendant shall pay 83,814,800 won to the Plaintiff and 15% per annum from December 8, 2015 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On September 20, 2014, the Plaintiff entered into a contract to supply ready-mixed at the site of newly-built house B and Sejong Special Self-Governing City, and the Defendant jointly and severally guaranteed the payment of ready-mixed to the said Plaintiff.
B. The Plaintiff supplied ready-mixed equivalent to KRW 135,641,00 from September 25, 2014 to February 27, 2015 under the supply contract as above.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 83,814,800 won for the supply of ready-mixed and 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 8, 2015 to the day of complete payment, as requested by the plaintiff.
As to this, the defendant argues that the joint and several sureties is null and void since the order containing his own intent of joint and several sureties omitted internal approval of the president, who is the representative of the plaintiff, and the attached documents are omitted in the order, or it is written as the contractor even though it is not the contractor, and there is no accurate lot number in the place where the ready-mixed is supplied
However, according to the fact that the defendant voluntarily signed and sealed on the column for joint and several sureties, according to the statement in Gap evidence No. 1, it is deemed that the name of the site where ready-mixed is supplied is specified as "C-built house" and the client is specified as "B" and the joint and several sureties is specified as "Defendant" in the above order, and in this case where the plaintiff recognizes the defendant's joint and several sureties and seeks joint and several sureties liability, the issue of omission of the plaintiff's internal approval does not arise and the plaintiff's internal approval is approved by the head of the factory.