A. The status of the parties is the principal contractor of the C Improvement Project (hereinafter “instant construction project”) implemented by the Seoul Metropolitan City Organization (hereinafter “project owner”), which is the subcontractor of the instant construction project. The Plaintiff is the subcontractor of the instant construction project.

B. Around June 2018, the Plaintiff and the Defendant concluded a contract for the instant construction work (hereinafter “instant prime contract”) with the ordering person and the Defendant, setting the construction cost as KRW 400,743,340 (including value added tax, hereinafter the same shall apply) with the exception of government-funded materials.

2) On June 24, 2018, the Defendant’s director D provided the Plaintiff with a construction work statement stating the grounds for direct material cost, direct labor cost, and mechanical cost calculation among the construction work cost under the instant supply contract (Article 15 of the instant supply contract; hereinafter “the construction work statement of the instant supply”). The total construction cost stated in the said construction work statement is KRW 253,783,752 (excluding value-added tax).

3) Around that time, the Plaintiff: (a) prepared a calculation statement (except for additional value-added tax; hereinafter referred to as “instant calculation statement”; and (b) concluded a subcontract (hereinafter referred to as “instant subcontract”) with regard to the instant construction work with the Defendant on June 28, 2018, setting the construction price of KRW 231,00,000,000, and the construction period from July 1, 2018 to November 20, 2018.

The standard terms and conditions of the instant subcontract agreement to be incorporated into the contents of the instant subcontract (hereinafter referred to as “the general terms and conditions”) and the matters subject to business consultation, and the parts related to the instant case in the special articles clause are as follows (hereinafter “A” and “B” refer to the Plaintiff, respectively). Article 1 (Basic Principles) of the standard terms and conditions of the instant subcontract agreement for construction works are contrary to the terms and conditions of this contract.