1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On May 2005, the Plaintiff made a sales contract with the non-party E Co., Ltd. (the trade name before the alteration was F Co., Ltd.; hereinafter “non-party E Co., Ltd.”). The Defendant’s husband D, around June 2005, signed the name of the Defendant as a joint guarantor of the non-party company’s non-party company’s order related to the above supply contract (hereinafter “instant order”). The Defendant’s husband D signed the name of the Defendant as a joint guarantor of the non-party company and submitted his seal impression to the Plaintiff.

B. The instant order specifies the construction work details for which ready-mixed is used as G Construction, and the contents of the special agreement are stated as follows: “The size and quantity may be increased or decreased at the request of the original owner without preparing a separate order.”

C. From May 2005 to May 2006, the Plaintiff supplied the amount equivalent to KRW 97,837,740 in cubic meters manufactured by the Plaintiff according to the order of the non-party company to the non-party company that was participating in the said G development project.

The Plaintiff received KRW 18,199,300 from the non-party company around that time.

On February 15, 2007, the Plaintiff filed an application against the non-party company and the Defendant for a payment order of the price for the goods with the purport of the application: “The obligor jointly and severally liable for the payment of KRW 79,638,440, and the amount of KRW 5% per annum from June 30, 2006 to the service date of a duplicate of the payment order; and KRW 20% per annum from the next day to the day of full payment.” The original copy of the payment order was served on April 17, 2007 to the Defendant.

(A) The above payment order became final and conclusive on May 2, 2007 because the defendant did not raise an objection against the husband D, living together with the defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The parties' assertion

A. In accordance with the Plaintiff’s assertion, the Defendant, as a joint and several surety, is KRW 60,712,352 of the remaining amount of ready-mixed as a joint and several surety for the Plaintiff.