1. The defendant's appeal is dismissed.

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

1. Basic facts

A. The Plaintiff is a company that manufactures and sells ready-mixed, and the Defendant is the owner of Asan City F (hereinafter “F”) C and D ground plant construction work (hereinafter “instant construction work”), and A engaged in construction business with the trade name “G,” and performed the instant construction work.

B. On June 30, 2014, the Plaintiff supplied 28,098,000 won per cubic 446 cubic metres of “25-21-150” to the construction site of the instant construction site the Plaintiff performed by A, as KRW 63,000,00 per cubic metres (the same unit price shall apply at the time of changes, although the size and quantity may change but the same price shall also apply to the time of changes), and A agreed to pay the price of ready-mixed in the following month from the date of supply. The instant supply contract is called “the instant supply contract,” and “the contract written at the time” is called “the instant order.

(c) On June 30, 2014, the Defendant jointly and severally guaranteed the obligation to pay ready-mixeds under the instant supply contract with the Plaintiff. D. Under the instant supply contract, the Plaintiff supplied to A a total of KRW 32,848,200 (including value-added tax) from July 31, 2014 to August 6, 2014; A paid the Plaintiff KRW 142,00,00 in total, KRW 667,560 on August 12, 2014, KRW 142,00 on August 16, 2014, KRW 6,809,560 (including value-added tax; hereinafter the same shall apply).

No. 1 and the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the Plaintiff’s claim, the Defendant is a joint and several surety for the obligation to pay back to the Plaintiff under the instant supply contract, and barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of the ready-mixed price (=32,848,200 won - 6,809,560 won) under the said contract and delay damages.

3. Judgment on the defendant's assertion

A. The Defendant asserted the exemption of joint and several liability, and the Defendant between the Plaintiff and the Plaintiff around September 2014, KRW 22,650,000, out of the amount of ready-mixed.