1. The plaintiff's claim is dismissed.

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

Facts of recognition

On October 17, 2017, the Defendant’s erroneous conclusion of the construction contract for the non-party company (Death on or around October 17, 2017) entered into a contract for construction works between F Co., Ltd. (hereinafter “non-party company”) and F Co., Ltd. (hereinafter “non-party company”) on September 7, 2015, with respect to construction works for constructing multi-household houses (care center; hereinafter “instant building”) on each land owned by the Defendant (hereinafter “the instant building”).

After that, the instant building was completed, and the Defendant completed the registration of ownership preservation in the name of the Defendant on August 12, 2016 regarding the instant building.

The Plaintiff’s drafting of the instant order and the Plaintiff’s supply of ready-mixed supplied ready-mixed to Nonparty Company on October 6, 2015. The network C entered the Defendant’s name, resident registration number, address, and mobile phone number in the column of joint and several sureties’s joint and several sureties’s order (hereinafter “instant order”, and the Defendant’s contract based on the above order was referred to as the “joint and several sureties”) and signed in the Defendant’s name.

Accordingly, from October 7, 2015 to May 13, 2016, the Plaintiff supplied Nonparty Company a total of KRW 42,623,460 to Nonparty Company. On April 11, 2016, the Plaintiff received only KRW 3,000,000 from Nonparty Company and did not receive the remainder of KRW 39,623,460.

The Plaintiff prepared a written agreement of this case with the content that the non-party company and the network C claimed payment for ready-mixed, and around December 2016, the Plaintiff and the Defendant and the network C would pay KRW 39,623,460 of the above ready-mixed price as a joint and several surety of the non-party company by February 20, 2017 (the evidence No. 3 of this case; hereinafter referred to as the “instant written agreement”); and the Defendant’s contract under the above written agreement was drafted.

The part in the name of the defendant in the instant agreement is prepared by the deceased C, and the network C is the defendant's joint and several sureties in the column of the above agreement.