1. The part against Defendant C in the judgment of the first instance shall be revoked.

2. Defendant C shall pay to the Plaintiff KRW 16,181,670 and its amount.

1. Basic facts

A. The Plaintiff is engaged in the sales of building materials under the trade name of “D,” and Defendant C is the representative director of the E Farming Association (hereinafter “E Farming Association”).

B. Around April 16, 2012, Defendant B Co., Ltd. (hereinafter “Defendant B”) was awarded a contract for the construction of a new neighborhood living facility from the E Farming Association to the F, Young-gunF (hereinafter “instant construction”) in the cost of KRW 900,000,000.

C. From June 1, 2012 to August 31, 2012, the Plaintiff supplied building materials equivalent to KRW 16,181,670 to the said construction site.

2. The plaintiff's assertion

A. The Plaintiff concluded a construction materials supply contract with Defendant B at the construction site, and supplied the instant construction materials, and Defendant C jointly and severally guaranteed Defendant B’s obligation to pay the construction materials.

Therefore, the defendants are jointly and severally liable to pay to the plaintiff 16,181,670 won and damages for delay.

B. Even if the Plaintiff’s supply of building materials is not based on the construction material supply contract with Defendant B, Defendant C agreed to pay the price to the Plaintiff, and thus, Defendant C is obligated to pay the said price in accordance with the above agreement.

3. Determination

A. The written evidence Nos. 1 and 2 against Defendant B is insufficient to acknowledge that the Plaintiff entered into a construction material supply contract with Defendant B. Since there is no other evidence, the Plaintiff’s assertion against Defendant B is without merit.

B. 1) As seen earlier, the Plaintiff cannot be acknowledged as having entered into a construction material supply contract with Defendant B. As such, the allegation of joint and several liability against Defendant C, which is premised on the counterclaim, is without merit. However, in full view of the purport of the entire pleadings in the testimony of Defendant C’s witness G, Defendant C is a construction material necessary for the instant construction work among May 2012.