공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in combination with the statements of Gap 1 to 21 (including paper numbers; hereinafter the same shall apply), Eul 1 to 8, and witness Gap's testimony.
On November 2, 2009, the Defendant entered into a contract with the mechanical industry company (hereinafter referred to as the “designated Machinery Industry”) regarding the part of the construction work among the “the introduction and installation work of the automation classification machine of the Daejeon Seo-dong Hemp Terminal Domp Terminal,” which the Defendant received from the Korea Transportation Co., Ltd., and entered into a contract with the mechanical industry by viewing that the part of the construction work is subcontracted to the machinery industry.
B. In light of the foregoing, the mechanical industry concluded a contract with the Plaintiff on the same day to re-subcontract the construction cost of KRW 2,340,000,000 (excluding value-added tax) and the construction period from September 1, 2009 to November 1, 2010 (hereinafter “instant basic construction contract”).
2. The parties' assertion
A. The Plaintiff’s assertion asserts that the Defendant requested the Plaintiff, without viewing the machinery industry, to perform the additional construction in accordance with the design change, authorization, enlargement, etc. for the part of the small site (hereinafter “instant additional construction”) and the Defendant submitted a quotation, etc. to the Defendant, the Plaintiff and the Defendant entered into a contract for the part of the instant additional construction, and subsequently completed the additional construction in accordance with the construction cost of KRW 1,562,60,168 (including value-added tax). The Plaintiff claimed against the Defendant for the payment of the additional construction cost of KRW 1,562,60,168 and damages for delay.
B. The defendant's assertion is the same as the basic construction contract of this case upon the change of the content of the construction for the part of the landing site of the Korea Venture Co., Ltd. and the request for the addition.