1. Defendants are jointly and severally liable to the Plaintiff KRW 28,704,00 and Defendant A with respect thereto from July 21, 2016; and Defendant B from July 21, 2016.

Basic Facts

On November 27, 2015, the Plaintiff intended to deliver ready-mixeds to Defendant A with regard to multi-family house C in Scheon-si, and written orders (Evidence A No. 1; hereinafter “instant order”).

In the above order, Defendant B used his name as a joint and several surety for Defendant A’s obligation to pay back back containers to the Plaintiff and affixed his seal.

On January 21, 2016, Defendant A made a balance verification statement (Evidence A No. 4; hereinafter “instant balance sheet”) with the Plaintiff on December 31, 2015, stating that “The balance of the Dudio Construction Work is KRW 38,704,000.”

Defendant A paid KRW 10,00,000 to the Plaintiff on March 11, 2016.

[Grounds] The Plaintiff’s assertion by the parties to the dispute as to the purport of the entire pleadings and evidence Nos. 1 and 4, and the purport of the entire pleadings is as follows: (a) during the period from November 2, 2015 to March 15, 2016, the Plaintiff supplied ready-mixed 45,536,000 won to Defendant A; and (b) received KRW 10,000,000 from Defendant A; and (c) the Defendants jointly and severally are liable to pay the Plaintiff the remaining-mixed 35,536,000 won to the Plaintiff and the delay damages therefrom.

The Defendants’ assertion that Defendant A received KRW 37,600,000 from the Plaintiff during the period from November 2, 2015 to January 11, 2016, and Defendant A paid KRW 10,000 among them, the remainder amount is KRW 27,60,000, and Defendant B withdrawn the joint and several sureties based on the instant order.

Judgment

In light of the overall purport of the arguments and the facts admitted above, the payment of the remaining amount of ready-mixed to be paid by Defendant A to the Plaintiff can be recognized as KRW 28,704,00 (38,704,000 as confirmed by Defendant A with the balance certificate in this case - KRW 10,000 paid to the Plaintiff on March 11, 2016), and each of the statements in the evidence Nos. 2, 3, 5, 6, and 7 is insufficient to recognize the amount of the Plaintiff’s assertion, and there is no other evidence to acknowledge it. Meanwhile, there is no evidence to prove that Defendant B withdrawn joint and several sureties.