1. The Defendant’s KRW 31,501,390 as well as annual 6% from May 1, 2017 to December 19, 2018 to the Plaintiff.

Facts of recognition

On May 1, 2016, the Plaintiff entered into a supply contract with the non-party company C (hereinafter referred to as “non-party company”) with respect to “D multi-household construction work” performed by the non-party company.

The defendant, as the representative director of the non-party company, guaranteed the non-party company's obligation to pay back to the plaintiff on the same day.

(hereinafter “this case’s guarantee agreement”). The Plaintiff supplied to Nonparty Company a sum of KRW 207,666,910, up to December 31, 2016 under the above ready-mixed supply contract, and received reimbursement of KRW 169,165,520 out of the price.

【In light of the fact that there is no dispute, the entries in Gap's evidence Nos. 1 through 3, and the purport of the entire pleadings, the defendant is obligated to pay damages for delay calculated at each rate of 31,50% per annum as prescribed by the Commercial Act from May 1, 2017 to December 19, 2018, which the payment order of this case was served on the defendant, among the remaining amount of 38,501,390 won (=169,165,520 won - 169,520 won) to the plaintiff under the contract of this case.

As to this, the defendant asserts that the contract of this case is a false declaration of conspiracy made formally without the defendant's intent to bear the obligation.

However, there is no evidence that the contract of this case constitutes a false declaration of conspiracy.

The above argument is without merit.

The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.