공사대금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The plaintiff and the defendant are corporations running each construction business.
B. On March 11, 2015, the Plaintiff received a subcontract with the Defendant on the contract amount of KRW 4,00,400,000 (including value-added tax) and the construction period from March 11, 2015 to April 30, 2017, of C Construction Works 5 Section from the Korea Land and Housing Corporation (hereinafter “instant Construction Works”).
(hereinafter referred to as “instant subcontract”). (c)
On June 28, 2017, the Defendant completed the entire construction work.
The relevant terms and conditions of the construction subcontract attached to the instant subcontract (hereinafter referred to as “general terms and conditions of the contract”) are as follows.
The principal contractor, "B" subcontractor, Article 14 (Change or Suspension of Construction) ① A may, if deemed necessary or at the request of the project owner, request the B to change the details of construction, to add additional construction, or to temporarily suspend all or part of construction works.
If it is deemed necessary to extend or reduce the construction period or to increase or decrease the contract price, it shall be determined in consultation with B.
(4) With respect to the volume of construction works additionally constructed by B under the direction of A, A shall not have increased from the project owner.
Even if it is paid to B, it shall be increased.
(5) B shall not demand any change in the contract deposit or refuse construction, on the grounds that the terms of a contract are unknown, dumping acceptance, etc. after concluding a contract other than the grounds for adjusting the contract amount provided for in Article 14 or 15.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-1, 2-2, Eul evidence 1-2, Eul evidence 1-2, the purport of the whole pleadings
2. The parties' assertion
A. While the Plaintiff asserted that the construction work under the instant subcontract was performed, the head of the Defendant’s site or the person in charge of the site was ordered to perform the additional construction work verbally on the ground of the design change, and accordingly, the Plaintiff is performing the additional construction