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1. The Defendant’s KRW 17,308,320 as well as the Plaintiff’s annual rate of KRW 5% from October 1, 2014 to May 11, 2015.
Reasons
1. Basic facts
A. On March 16, 2014, the Defendant concluded a contract on construction works for constructing a multi-household house in the area of Suwon-si, the construction cost of which was KRW 616,140,80, with the period of construction from April 1, 2014 to August 1, 2014, and the construction cost of which was determined as KRW 616,140,80.
B. Around May 2014, the Plaintiff entered into a contract for the supply of ready-mixed (hereinafter “instant supply contract”) within 30 days from the date of the Plaintiff’s claim for the payment of the price for the supply of ready-mixed and the supply of ready-mixed at the construction site at the site at the site at the site at which the host city was located, and the Plaintiff entered into a contract for the supply of ready-mixed (hereinafter “instant supply contract”).
C. At the time of the joint and several sureties of the “Reconform Contract” made between the Plaintiff and the Vietnam integrated construction, the name and personal information of the Defendant are indicated, and the seal of the Defendant’s name is affixed thereto.
In accordance with the instant supply contract, the Plaintiff supplied 422 square meters of ready-mixed at the same construction site of Berne General Construction from May 8, 2014 to August 6, 2014. However, the Plaintiff was not paid the remainder after receiving only five million won of the total amount of 32,308,320 won (including value-added tax) from the Berne General Construction.
[Ground of recognition] Facts without dispute, Gap evidence 2-1 to 5, Gap evidence 3, Eul evidence 3, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff asserts that the defendant is liable to pay 17,308,320 won and damages for delay for the payment of the price of ready-mixed with the plaintiff in the supply contract of this case, since the defendant jointly and severally guaranteed the payment of the price of ready-mixed with the plaintiff in the supply contract of this case.
In regard to this, the defendant asserts that there was no signature or seal on the joint and several surety column of the "Reconform Contract" of this case, and that the above contract was not known.
(b) judgment;