1. The Defendants jointly and severally committed against the Plaintiff KRW 39,178,780, and Defendant A with respect thereto, from April 1, 2016, and Defendant A Co., Ltd.

1. The Plaintiff is a corporation that processes cement and sells cement products.

On November 4, 2015, the Defendants concluded a contract with D Co., Ltd. with respect to the construction of a new house for electric source (hereinafter “instant construction”) on the land outside C and one parcel (hereinafter “instant construction”).

(hereinafter “instant contract”). On November 6, 2015, the contractor of the Plaintiff and the New Korea-U.S. Co., Ltd. entered into an order of ready-mixed with E Co., Ltd. and the joint guarantor as the Defendants.

From November 19, 2015 to February 18, 2016, the Plaintiff supplied ready-mixeds at the construction site of the instant construction site. Without receiving KRW 49,178,780, the Plaintiff filed an application for payment order against E Co., Ltd. and the Defendants on March 23, 2016. On April 19, 2016, the Plaintiff completed the registration of the establishment of the neighboring mortgage by setting the maximum debt amount at KRW 49,178,780 on the real estate owned by D Co., Ltd. as the maximum debt amount.

The plaintiff received reimbursement of KRW 10,000,000 out of the ready-mixed price, and subsequently reduced the claim amount to KRW 39,178,780 and damages for delay.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 5, 10 evidence, and Eul 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) E Co., Ltd. concluded an order with the Plaintiff on November 6, 2015, and at the time, the Defendants jointly and severally guaranteed the payment obligation. The Plaintiff supplied ready-mixed at the construction site of this case from November 19, 2015 to February 18, 2016. As a joint and several surety, the Defendants are liable to pay the remainder of KRW 39,178,780, which remains after deducting KRW 10,000 paid by the Plaintiff out of KRW 49,178,780, as a joint and several surety, from which the Plaintiff was paid, to KRW 39,178,780.2) The Defendants’ assertion of E Co., Ltd. did not perform the construction of reinforced concrete at the construction site of this case, and there was no joint and several surety by the Defendants with E Co., Ltd

(b) Determination 1 does not deny the existence and content of the declaration of intention expressed in the document when the authenticity is recognized.