공사대금
1. Defendant C, D, and E are jointly and severally liable to the Plaintiff for KRW 90,00,000 and the interest rate from May 13, 2020 to the date of full payment.
1. As to the claim against the defendant B
A. The facts of recognition 1) Defendant C ordered Defendant B to build a new G Hospital located in the Cheongbuk-gun, Cheongbuk-do. Defendant B ordered the new construction of G Hospital in July 26, 2017 to the Plaintiff during the new construction of G Hospital (hereinafter “instant construction”).
2) The construction contract of this case is based on the premise that the construction contract of this case is based on the premise that the contract is subcontracted:
A) The name of the construction project: The date of commencement of the construction project by Cheongdo A Hospital Incidental Civil Works (AScom Underground Access Road): The contract amount on August 1, 2017: the method of payment of the construction cost of KRW 110 million shall be as follows, and the Party A shall thoroughly pay the price on the basis of mutual trust in order to ensure the smooth progress of the construction project and compliance with the time of the construction project. The first: The contract, the retainer payment of KRW 30 million on July 31, 2017: the intermediate payment of KRW 30 million on August 31, 2017; the intermediate payment of KRW 40 million on August 31, 2017: In principle, the remainder payment should be made after the completion of the construction; 2) the Defendant C drafted the following construction cost payment note (No. 20 million on January 5, 2018: hereinafter “instant payment note”).
Defendant D signed the above payment note as a surety, and Defendant B signed as a observer.
The title of the construction cost payment : The owner of a new construction project of G Hospital located in the F of the Cheong-do Cheong-do Cheong-gun: The Plaintiff’s construction period from January 5, 2018 to January 7, 2018: The Plaintiff’s construction period: the KRW 90 million out of the contract price of the package construction cost of KRW 110 million: the KRW 110 million shall be paid on January 10, 2018, and the remainder amount of KRW 20 million shall be paid on January 31, 2018.
3) On August 29, 2019, Defendant E drafted a written undertaking to pay construction cost of KRW 90,000,000 not paid to the Plaintiff until October 10, 2019 (Evidence A (Evidence A) with the purport that Defendant E would pay the Plaintiff the construction cost of KRW 90,000,000 to the Plaintiff by October 10, 2019.
B. As to the Plaintiff’s assertion, the Plaintiff ordered Defendant B to subcontract the instant construction to the Plaintiff.