A. Since around 2014, the Defendant C, a real operator of Defendant B (hereinafter “Defendant Company”), was requested by the Defendant C to provide services by procuring and performing works at the construction site.

The period from December 1, 2015 to January 15, 2016 during the period from 1st, 2015 to 15th, 2016, Hsanbu Hospital and Hsan Hospital located in Pyeongtaek-si G during the period from 1st, 2015 to 10th, 2016. < Amended by Presidential Decree No. 26874, Jan. 20, 2016>

B. However, D actually procured only other materials at the construction site and requested the Plaintiff to perform the other work. D does not pay KRW 49,500,000 for the other work cost performed by the Plaintiff at the construction site in the following manner:

C. Accordingly, on March 26, 2018, D transferred KRW 49,50,000 out of the claim for the construction payment of this case to the Plaintiff on March 26, 2018, the Plaintiff notified the Defendants of the transfer of the purport of the claim and the cause of the claim as of April 12, 2018 upon delegation of D’s right to notify the transfer.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 13, the purport of the whole pleadings

2. Determination

A. The Plaintiff alleged the parties 1 Plaintiff: (a) at all times, D entered into an oral contract with Defendant C at all times; (b) Defendant C and the Defendant Company paid the construction cost together; and (c) Defendant C also held that it is jointly responsible for the Defendant Company that it actually operated. As such, the Defendants jointly and severally liable for the instant construction cost as joint parties to the contract or the Defendant C, and the Defendant Company as the surety; and (b) the instant construction cost that D should receive from the Defendants was originally KRW 146,498,572, but the Defendant paid KRW 74,210,00 among them.