Defendant B and C jointly and severally with the Plaintiff KRW 129,506,860, and Defendant B and Defendant C with respect thereto from April 30, 2016.

Plaintiff’s Claim against Defendant B

A. The indication of the claim is that the plaintiff supplied the defendants to the construction site of multi-family house and the construction cost of 119,913,760 won, and the liquidated damages of 9,593,100 won

B. The judgment by public notice (Article 208(3)3 of the Civil Procedure Act) as to the Plaintiff’s claim against Defendant A (hereinafter “Defendant A”)

A. Since the Plaintiff’s summary of the Plaintiff’s assertion supplied ready-mixed to the Defendant, the Defendant should pay the Plaintiff KRW 119,913,760 for ready-mixed and liquidated damages for delay 9,593,10 for the delayed payment.

B. The written evidence No. 5-1 alone is insufficient to acknowledge the authenticity of the evidence No. 1, and there is no other evidence to acknowledge the authenticity of the evidence No. 1, and thus, the evidence No. 1 cannot be used as evidence. The written evidence No. 2 and No. 3 alone is insufficient to acknowledge that the defendant A is the party who entered into a supply contract with the plaintiff, and there is no other evidence to acknowledge it. Thus, the plaintiff's claim against the defendant A is without merit.

Judgment on the Plaintiff’s claim against Defendant C

A. Comprehensively taking account of the respective descriptions in the evidence Nos. 1, 2, and 3 as to the cause of the claim and the purport of the entire pleadings, the Plaintiff supplied ready-mixeds at the D construction site at the port conducted by the owner E, and Defendant C jointly and severally guaranteed the obligation to supply the above ready-mixed goods; Defendant C agreed to pay compensation for delay at 2% per month when the payment of the price is delayed under the above ready-mixed supply contract; and the Plaintiff supplied ready-mixeds worth KRW 119,913,760 until July 18, 2015.

According to the above facts, barring any special circumstance, Defendant C is based on the ratio of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 29, 2016 to the date of complete payment, which is the following day of service of the original copy of payment order, to KRW 129,593,100, total of KRW 9,593,100, and KRW 129,50,500, which is the penalty for delay for four months sought by the Plaintiff.