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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 54,190,290 and the interest rate thereon from May 13, 2014 to the date of full payment.
Reasons
1. Basic facts
A. Defendant A decided to construct a new building on the ground of Seosan-si C, and ordered the construction to Defendant B (hereinafter “instant construction”).
B. The Plaintiff supplied ready-mixed at the construction site of the instant case, and demanded the Defendants to prepare a contract for the supply of ready-mixed. Defendant A, on August 29, 2012, stated the Plaintiff’s “contractor”, “the addressee of electronic tax invoices”, and “joint guarantor” in the “joint guarantor” and signed the contract. Defendant B signed the contract after stating personal information in the “joint guarantor” column.
C. From October 5, 2012 to March 27, 2013, the Plaintiff supplied ready-mixed at the construction site of this case, and was not paid KRW 54,190,290 out of the price.
[Ground for Recognition] Defendant B: Judgment by the deemed confession (Article 208(3)2 of the Civil Procedure Act) (Article 208(3)2 of the Civil Procedure Act): The facts that there is no dispute; entries in Gap evidence 1 through 3, 5 through 7, and 10 (including the number of each branch number); the purport of the whole pleadings
2. Determination
A. According to the facts of the judgment on the cause of the claim, the defendant A signed the "contractor" and "joint guarantor" column of the contract of this case and became joint and several surety for the plaintiff. Since the defendant B is a joint and several surety for the defendant A's obligation to pay the price of ready-mixed, the defendants are jointly and severally liable to pay the plaintiff the price of ready-mixed 54,190,290 won which is not paid to the plaintiff and the damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 13, 2014 to the date of the delivery of the original copy of the payment order of this case as requested by the plaintiff.
B. As to Defendant A’s assertion, Defendant A’s assertion or defense that denies the Plaintiff’s obligation to pay back the amount of ready-mixed, as follows, is relevant to each assertion.