공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 2015, the Defendant was awarded a contract for the construction of pipes for a modern steel plant from the modern steel.
B. On March 12, 2015, the Defendant entered into a contract with the Plaintiff under which the construction cost is KRW 210,000,000 (excluding value-added tax) and the construction period is fixed by the date requested by the Defendant to subcontract (hereinafter “instant contract”) with the Plaintiff.
The details of the instant contract are as follows.
Article 1(3) Scope of Contracts: Modern steel drawings and establishment (including product entry and arrival) of the criteria for consultation on both SCOPEs. Additional expenses, other than contractual matters, may not be claimed by the Plaintiff against the Defendant: Provided, That the Plaintiff shall prepare a manufacturing process schedule and submit it to the Defendant after the conclusion of this contract and obtain approval, and then deliver it in accordance with the manufacturing process schedule, after obtaining approval. In the event of changes in the process, it shall be immediately notified to the Defendant. The specifications of this contract for changes in the form of Article 3 shall be part of the contract, and the Plaintiff may raise objection to the Defendant if necessary, and the delivery due thereto shall be extended only when the Defendant recognized. The delivery under Article 9(1) shall be supplied after obtaining approval from the Defendant.
2) Delivery must submit a delivery certificate to the Defendant at the time of delivery and undergo an inspection by the Defendant’s designated person. C. From March 12, 2015, the Plaintiff performed the instant construction from March 12, 2015. The location of installation of air conditioners, outdoor air conditioners, etc. during the instant construction process was changed differently from the original design drawings. D. The Defendant paid KRW 210 million to the Plaintiff from April 14, 2015 to September 25, 2015.