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1. Of the part against the defendant in the judgment of the court of first instance, the part against the plaintiff who is ordered to pay below.
Reasons
1. Basic facts
A. On September 2015, C entered into a lease agreement with the Plaintiff operating D to lease the temporary materials for construction, and the Defendant jointly and severally guaranteed the obligation of C under the said lease agreement, and the contract period under the said lease agreement stated “from the contract date to the completion date of the relevant construction work type”.
B. The Defendant paid KRW 10,161,000,00 in total, as the price of the temporary materials leased by C from the Plaintiff, to the Plaintiff, KRW 7,93,00 in relation to the E-Si Housing Construction Corporation (hereinafter “E Housing Construction Corporation”) (i.e., rent of KRW 5,386,00) (i.e., rent of KRW 2,607,00), KRW 1,074,80 in relation to the E-Housing Construction Work (hereinafter “F retaining wall construction”), and KRW 1,093,200 in relation to the E-Housing Construction Work (hereinafter “E Appurtenant Work”).
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 4-1 and 2, Gap's testimony and the purport of whole pleadings
2. Determination
A. As to the scope of joint and several liability, the Defendant asserted that C provided joint and several liability only for those related to E-building construction among the temporary materials leased by the Plaintiff. However, in light of the following circumstances acknowledged by the facts and evidence as seen earlier, i.e., the Defendant directly paid to the Plaintiff the rent for the temporary materials related to E-building construction, F retaining wall construction, and E appurtenant construction, ii) the Defendant ordered C to procure the temporary materials after completion of the structural frame of E-building construction, iii) the Defendant paid the said money to the Plaintiff, i.e., the Defendant provided the Plaintiff with the payment of the said money, and i., “the joint and several liability was achieved” to C, it is reasonable to view the Defendant as a joint and several liability for the payment and return of the rent for the temporary materials borrowed by C from the Plaintiff as well as for the remainder of the construction.
B. The defendant's liability to guarantee.