1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence 1, Gap evidence 2, Eul evidence 10-7, 8, Eul evidence 1-1, 2-2, Eul evidence 2-1 through 4, Eul evidence 3-1, 4-1, 2, Eul evidence 11-1, 11-2, and Eul evidence 18; Eul evidence 1-1, 18 of this Court's inquiry and reply to the president of HH work; and the whole purport of the pleadings.

(1) On April 14, 2010, the Defendant entered into a contract with H on April 14, 2010 with respect to “construction works for the convenience facilities of the I and five stations (I, J, K, L Station, M Station, and N Station)” (hereinafter referred to as the “EM”) (hereinafter referred to as the “EM”), which is ordered by the ordering authority, with the construction cost of KRW 5,431,281,00.

⑵ ㈎ 피고는 2010. 8. 19.경 원고와 사이에 위 공사 중 토공사 부분에 관하여 공사대금을 2,283,600,000원으로 하는 하도급계약(이하 ‘이 사건 계약’이라 한다)을 체결하였다가 2011. 5. 13. 공사대금을 2,426,600,000원으로 변경하였는데, 이 사건 계약서의 이 사건 관련 내용은 다음과 같다.

Article 14 (Change or Suspension of Construction Works) (1) A (Defendant) of the Standard Subcontract Form of Construction Works shall, at the request of the project owner or his/her design change, etc., issue to B (Plaintiff) a modified contract, etc. in advance where the details of the construction work are changed or added or the construction work for the whole or part of the construction

(2) 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.

(3) B shall not demand any change in the contract amount or refuse construction on the grounds that the contract amount has not been settled, dumping acceptance, etc. after the conclusion of the contract in addition to the grounds for adjusting the contract amount stipulated in the contract.

Article 14-2 (Change of Contract Price due to Modification of Design) (1) A shall request or himself from the ordering person.