1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On November 2014, the Plaintiff entered into a contract with Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “instant construction site”) under which the Plaintiff would supply ready-mixeds at the construction site of the factory in Kimpo-si (hereinafter “instant construction site”).

B. The order sheet prepared around November 2014 between the Plaintiff, B, and the Defendant (hereinafter “instant order sheet”) entered as follows: (a) the Plaintiff supplied to B a total of 100 cubic meters of ready-mixeds to be used at the instant construction site; (b) the price shall be paid in cash within 30 days from the date the Plaintiff requested; and (c) the Defendant stated that the Defendant is jointly and severally liable for the Plaintiff’s obligations to the Plaintiff within the limit of KRW 25 million; (d) the Defendant affixed his signature and seal on the column as joint and several sureties; and (e) on the upper part of the instant order sheet stating “the owner of the ownership of the ready-mixeds shall directly affix his/her signature and seal thereon.”

C. From November 6, 2014 to December 27, 2014, the Plaintiff supplied ready-mixed 415 cubic meters at the instant construction site. The Defendant paid to the Plaintiff KRW 16,812,400 on January 22, 2015, and KRW 8,187,60 on March 7, 2015, with the payment of KRW 2,781,050 on ready-mixed. The Plaintiff’s credit for ready-mixed remains unpaid.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 6, 8 (including each number in the case of additional notes), Eul evidence Nos. 1 and 9, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Plaintiff’s assertion 1) First, the Plaintiff asserts that, by entering the Defendant’s direct payment of the price of the ready-mixed into the upper part of the instant order, it shall be deemed that the Defendant entered into an agreement between the Plaintiff on direct payment of the price of the ready-mixed. Accordingly, the Plaintiff is obligated to pay the price of the instant ready-mixed in excess of KRW 25 million. 2,781,050. 2) The Plaintiff’s joint and several surety for the instant ready-mixed supply contract is a key guarantee under continuous contract and the supply of the ready-mixed is terminated.