공사대금
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
around April to May 5, 2013, a limited liability company A (hereinafter “A”) entered into a contract with the Defendant for reinforced concrete construction works (hereinafter “instant construction”) among the new urban-type residential housing construction works in Gwangju metropolitan-type B (hereinafter “instant construction”) in KRW 997,112,650.
At the time, the statement prepared was based on the premise that the construction of the Gohap will be performed by using the Gohap, and there was no way to perform the construction of the Belgium using it.
However, since the other subcontractor was awarded a contract for the instant construction from the Defendant, and even after having completed the underground floor and suspended it, A was awarded a contract for the instant construction as above, the representative C and the Defendant D sought a scheme to reduce the construction period of the instant construction.
Accordingly, C and D decided to execute the construction of this case in a way that is not a method of using the Gohap which was originally scheduled, but rather a method of using the paint, and the additional cost was orally agreed to be reflected in the construction cost through design change, etc. later.
The Plaintiff requested the lux Engineering Co., Ltd. to estimate the expenses incurred in performing the instant construction work by way of luxa, and the Plaintiff, upon receipt of the request from the luxa Engineering Co., Ltd., on April 20, 2013, prepared a estimate of construction of luxa on the first floor and the first floor above the ground among the instant construction works, and submitted it to the Defendant.
Since then, D requested a written estimate, including the second floor above ground, to the Plaintiff, and on May 2, 2014, the Plaintiff again submitted a written estimate reflecting this to the Defendant.
On May 10, 2013, the Plaintiff entered into a contract for the supply of materials of KRW 40,590,000 with A to supply and construct the instant work.
Any special agreement entered into at the time shall be valid.