A. On April 25, 2000, the Intervenor entered into a contract with the Plaintiff, the owner of the building, and the building construction works on the ground of land D in Chungcheongnam-si, Chungcheongnam-si (hereinafter “instant construction works”), and implemented the instant construction works.

B. On December 17, 2003, the Intervenor filed a payment order against the Plaintiff regarding the instant construction cost as Cheongju District Court Branch Decision 2003Ra7136, and on December 17, 2003, the said court issued a payment order (hereinafter “instant payment order”) with the content that “the Plaintiff shall pay to the Intervenor joining the Defendant the amount of KRW 90,000,000 and 20% interest per annum from the date on which the payment order was served to the date on which the payment order was served.”

C. The original copy of the instant payment order was served on January 3, 2004 on the Plaintiff, and it was finalized on January 18, 2004 on the Plaintiff’s failure to raise an objection.

On April 2, 2013, the Defendant’s Intervenor transferred to the Defendant the claim under the instant payment order, and notified the Plaintiff of the fact of transfer on April 9, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 18, 19, the purport of the whole pleadings

2. The assertion and judgment

A. On the balance of the claim for construction price at the time of the instant payment order, the following facts may be acknowledged in addition to the overall purport of the pleadings as to the statement in Gap evidence Nos. 3, 24, 25, 27, and Eul evidence Nos. 2, 6, and 10. The following facts are insufficient to reverse the recognition only with some entries in Gap evidence No. 24, and no other counter-proof exists.

㈎ 원고와 피고보조참가인은 공사대금 160,000,000원에 공사도급계약을 체결하였다가 그 후 공사대금을 192,000,000원으로 변경하기로 합의하였다

(을 제2호증 이행각서의 기재, 위 문서가 위조되었음을 인정할 증거가 없고, 원고는 제6차 변론기일에서 위 문서에 서명하였음을 인정하였다). ㈏ 2002. 2. 16. 건축주 명의가 원고에서 E(그 후 다시 F로 변경됨)로 변경되었는데, 그 이전에 건물의...