1. The Defendant’s KRW 97,540,507 as well as the annual rate of KRW 5% from November 6, 2012 to May 20, 2016, and the next day.

1. On December 15, 2011, the Defendant and the International Construction Co., Ltd. (Declaration of Bankruptcy, February 7, 2014) jointly received orders for the instant construction project (hereinafter “instant construction project”). On December 15, 2011, with respect to the portion of reinforced concrete construction among the instant construction projects, a subcontract was concluded between the Plaintiff and the total construction cost of KRW 1,892,00,000 and the construction period of KRW 1,892,00,000 (hereinafter “instant contract”) from December 15, 2011 to July 31, 2012.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. Determination

A. The Defendant’s obligation to adjust the contract amount as follows is the duty to adjust the contract amount to the Plaintiff, who is the lower recipient, in accordance with Article 14-2(1) of the instant contract (Evidence A No. 1 and 6) concluded between the Plaintiff and the Defendant, where “if there occurs an increase or a decrease in the construction volume at the request of the ordering person, or due to the modification of the contractor’s design, etc.”

Article 14-2 (Change of Contract Price due to Modification of Design) (1) Where an increase or decrease in construction capacity occurs due to a request of the project owner or a design change, etc. of the contractor himself/herself, A shall adjust the contract price concerned.

(2) The adjustment of contract amount under paragraph (1) shall be governed by the following standards:

However, the same shall apply to the modification of the design from the ordering person to the extent adjusted by the ordering person.

1. The unit price of the increased or decreased construction works shall be the unit price indicated in the calculation sheet referred to in Article 3 (2) (hereinafter referred to as "contract unit price");

2. The unit price for a new item with no agreed unit price shall be determined by multiplying the unit price determined as at the time of design modification by the successful tender ratio;

3. Where the ordering person requests a change in the design, the unit price for the increased quantity or new expense item shall be 10/100 of the sum of the unit price calculated at the time of the change in design and that calculated by multiplying the same unit price by the successful tender rate, notwithstanding the provisions of subparagraphs 1