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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On June 2012, the Plaintiff entered into a supply contract of ready-mixed (hereinafter “instant supply contract”) with Mob Construction Co., Ltd., and supplied ready-mixeds equivalent to KRW 150,094,010 from October 16, 2012 to April 17, 2013. Of them, the amount of KRW 140,129,000 is KRW 9,965,010 for unpaid goods.
B. Around June 2012, the Plaintiff prepared the instant supply contract (hereinafter “the first order order”) with the Defendant, who is an employee of Mob Construction Co., Ltd., and the Defendant stated the name column of the items as joint and several sureties in the first order form as follows: “The head of Mob Construction Co., Ltd. and the highest amount of the guaranteed liability column” in the name column of the Defendant’s name and the contractual party’s relation column.
C. On January 10, 2013, the Plaintiff and the Defendant drafted an order form in the same form as the first order form (hereinafter “the second order form”), and the Defendant stated the name column of the items as joint and several sureties in the second order form as the name of the Defendant, the relation column with the contractor, and the maximum amount of the guaranteed obligation column as the whole.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is jointly and severally liable to pay the Plaintiff the amount of KRW 9,965,010, which is not paid to the Plaintiff, and damages for delay calculated at the rate of 20% per annum from July 31, 2013 to the day of full payment, as the Plaintiff seeks.
3. Judgment on the defendant's defense
A. The assertion that there was no intention of joint and several sureties, and the defendant's judgment on this issue means that the items of joint and several sureties in the order of Nos. 1 and 2 mean that the plaintiff confirmed the quantity by suffering, and as a joint and several sureties with respect to the goods price liability.