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1. The Plaintiff:
A. Defendant A and Defendant B are jointly and severally liable for 28.97 million won;
B. Defendant C is the Defendant A, Inc.
Reasons
1. Determination as to the claim against Defendant A, B, and C
A. Facts as to the cause of claim: Defendant A’s payment liability for ready-mixed supplied by the Plaintiff to Defendant A (hereinafter “Defendant A”) from October 2013 to May 2014, and the remaining Defendants’ joint and several liability obligations.
(b) Judgment based on constructive confession (Article 208 (3) 2 of the Civil Procedure Act);
2. Determination as to the claim against the Defendant New Postal Information Co., Ltd. (hereinafter “Defendant New Postal Information”)
A. Comprehensively taking account of the overall purport of the arguments in the statement No. 1-1, No. 1-2, No. 2-1, and No. 2-2, the Plaintiff entered into a supply contract with Defendant A to supply ready-mixeds manufactured by the Plaintiff at the construction site built by the said Defendant, and supplied ready-mixeds at the construction site of Youngcheon-gu E (Scheon-gu) where the Defendant New-Frid ordered to supply them to the construction site built by the said Defendant, and Defendant New FFrid entered into a joint and several guarantee contract with Defendant New FFrid on the price of ready-mixeds supplied at the said site; and the price of the ready-mixed supplied at the said site reaches 1,854,00 won. Thus, Defendant New FFrid is jointly and severally liable to pay the Plaintiff KRW 1,854,000,000 for the above ready-mixeds.
B. Defendant New Favorid argues that the effect of the joint and several surety does not take effect because the Plaintiff was placed on the order sheet (Evidence A No. 1-2) by deceiving the delivery confirmation sheet to the effect that it constitutes an act by mistake or deception. However, there is no evidence to acknowledge that there was such mistake or deception on the part of the Plaintiff. Therefore, the above argument is without merit.
C. The Plaintiff, the guarantor, was given a full payment of the construction cost to the Defendant New Postal Service, prior to the Defendant New Postal Service, the contractor for the work of the guarantor, and the Defendant New Postal Service notified the Defendant New Postal Service of the fact that the payment was unpaid and the opportunity to secure the claim is sufficient.