Defendant D’s 31,654,700 Won and its corresponding 5% per annum from June 16, 2020 to July 8, 2020, and the following.

Basic Facts

The Plaintiff is a company that runs the manufacturing and sales business of ready-mixed, and Defendant C (hereinafter “Defendant Company”) is a company that runs the steel-line concrete construction business.

On February 3, 2020, the Defendant Company contracted Defendant D with the construction work of five new bonds on the other five parcels of housing (hereinafter “instant construction work”) for the construction work cost of KRW 815 million (excluding value added tax).

[Ground of recognition] A without dispute, Eul's statement of evidence and the purport of the entire pleadings are asserted by the parties, at the request of the Defendants, the Plaintiff supplied ready-mixed at the construction site of the Defendant Company, but the Defendant Company did not pay KRW 31,654,700 for ready-mixed until April 10, 2020.

Since Defendant D jointly and severally guaranteed the Defendant Company’s obligation to pay the above ready-mixed price, the Defendants are jointly and severally liable to pay the Plaintiff the above ready-mixed price of KRW 31,654,700 and the delayed damages.

The Defendant Company was the owner who ordered the instant construction to Defendant D, and was not supplied with ready-mixeds by the Plaintiff in connection with the instant construction work.

However, there is a fact that the Plaintiff consented to only the issuance of tax invoices to the supplier of the above ready-mixed.

Defendant D entered into a contract for the supply of ready-mixed with the Plaintiff and supplied ready-mixed at the construction site of this case. However, Defendant D had an intention to pay half of the amount of ready-mixed because it did not receive any payment of the construction cost of this case from the Defendant Company at all.

The evidence No. 1 of the judgment as to the claim against the defendant company (the order sheet of this case; hereinafter referred to as the "order sheet of this case") contains the trade name, address, representative, business registration number, etc. of the defendant company in the order column, and the personal information, such as the address, resident registration number, etc. of the defendant D is stated in the joint and several guarantor column, and the orderer of the lower part and joint and several guarantors.