1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells ready-mixed, one of construction materials, and the co-defendant C of the first instance trial (hereinafter “C”) is a personal entrepreneur engaged in the construction business in the name of “E” and was awarded a subcontract for a newly built multi-household house on the ground of the wife population G from the F Co., Ltd. (hereinafter “F”) on December 12, 2017.

B. On January 26, 2018, the Plaintiff: (a) supplied ready-mixed at the site of the new construction of the instant multi-household house with C and the instant multi-household house; and (b) concluded a contract under which the price shall be paid within 30 days from the date of the claim (hereinafter “instant supply contract”); and (c) the Defendant jointly and severally guaranteed the obligation of C under the instant supply contract within the limit of 30,000,000

C. According to the instant supply contract, from January 29, 2018 to June 14, 2018, the Plaintiff supplied 75,978,210 square meters of ready-mixed 1,03 square meters (including value-added tax) to the said new multi-household construction site, and received KRW 55,676,440 of the said price.

Accordingly, on June 30, 2018, the Plaintiff finally issued an electronic tax invoice to C and claimed payment of KRW 20,301,770 (=75,978,210-5,676,440) of the remainder of ready-mixed.

E. On October 4, 2018, the Co-Defendant D of the first instance trial, a representative director of F (hereinafter “D”) issued to the Plaintiff a written statement of payment that the Plaintiff shall pay KRW 20,301,770,00,000, not paid by C by October 31, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant calculated jointly and severally with C and D at the rate of 20,301,770 won for unpaid ready-mixeds under the instant supply contract and at the rate of 6% per annum under the Commercial Act from August 1, 2018 to October 28, 2019, which is the last delivery date of the complaint of this case, sought by the Plaintiff from August 1, 2018 to October 28, 2019, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.