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1. The Defendant’s KRW 99,172,308 as well as the annual rate of KRW 20% from September 12, 2015 to September 30, 2015, and the following.
Reasons
1. Basic facts
A. On February 1, 2015, the Defendant was awarded a contract for “the instant construction work” from Nonparty High Village Agricultural Association Co., Ltd. and B (hereinafter “instant construction work”).
(hereinafter “instant contract”). (b)
On February 1, 2015, the Plaintiff entered into a contract with the non-party high village farming association (hereinafter “instant supply contract”) to supply ready-mixed at the construction site of this case, and the said contract is written by the non-party B and the Defendant, who is the joint owner of the instant construction, as the joint owner of the instant construction, as each joint guarantor.
C. The Plaintiff supplied ready-mixeds worth KRW 129,172,308 in total pursuant to the supply contract of this case to the construction site of this case, but only received the price for goods worth KRW 30 million from the non-party high village farming association corporation, and did not receive the remaining KRW 99,172,308.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including each number), the purport of the whole pleadings
2. Determination
A. On the other hand, the plaintiff is seeking the payment of the unpaid ready-mixed with the defendant under the joint and several guarantee agreement for the supply contract of this case, while the defendant disputes the validity of the above joint and several guarantee agreement. In full view of the entries in Gap evidence 4, witness D and E's testimony, the defendant's joint and several guarantee agreement for the supply contract of this case was concluded by the non-party F who worked as the defendant's site manager at the construction site of this case, and the above F directly entered into the contract of this case with the non-party Da High-ro farming corporation and the stock company, the co-owner of the construction of this case on behalf of the defendant, as well as the supply contract for steel, water pumps, miscellaneous materials, etc. which are materials necessary for the execution of the construction of this case.