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1. Each appeal by the Defendants is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
Reasons
1.In full view of the facts without dispute over recognition, the following facts may be recognized, taking into account Gap evidence of Nos. 1 to 4 (including additional numbers), and the testimony and the purport of the whole pleadings by witnesses of the first instance trial D:
On August 5, 2010, the Plaintiff, which manufactures and supplies ready-mixed concrete, entered into a sales contract with the Unforest Construction Co., Ltd. (hereinafter referred to as “Tlim Construction”) to supply ready-mixeds at the construction site within the jurisdiction of fishery product processing factories and Gangnam-gun (hereinafter referred to as “instant contract”). Defendant A and B, on the same day, jointly and severally guaranteed the obligations of forest construction under the instant contract (hereinafter referred to as “joint and several surety”).
B. Under the instant contract, while the Plaintiff supplied ready-mixed to forest construction, Defendant C signed a written confirmation of the balance of ready-mixed with the purport that the amount of ready-mixed to be paid to the Plaintiff by forest construction on July 28, 2011 remains in KRW 31,04,773 as of July 22, 2011 (hereinafter “instant written confirmation of balance”), and guaranteed the payment of the Plaintiff’s obligation to forest construction in accordance with the instant contract by sealing the seal of forest construction.
C. Even after the Plaintiff had maintained forest construction and ready-mixed transactions, supplied ready-mixeds and received some payments. As of November 27, 2013, the price for ready-mixeds that the forest construction should pay to the Plaintiff was 7,534,773 won (hereinafter “unpaid ready-mixed”).
2. Determination
A. According to the above facts, Defendant A and B are joint and several sureties, and Defendant C, a joint and several sureties, are 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 6, 2014 to the date of full payment, upon the Plaintiff’s request, as a result of the due date for the payment of the unpaid ready-mixed 7,534,773 won and the due date for the payment of the unpaid ready-mixed Construction.