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1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:
The defendant.
Reasons
1. Basic facts
A. A. On November 23, 2004, the Plaintiff completed the instant primary construction work on September 30, 2007 after receiving a contract from the Defendant for the construction cost of KRW 1,155,00,000 (including value-added tax) among the new apartment construction works on the land outside 124 and 3 parcels of land, namely, “the instant primary construction works” (hereinafter “the instant primary construction works”), and the construction period of KRW 1,155,00,000 (including value-added tax) from November 23, 2004 to April 30, 2007.
B. In addition, around December 29, 2006, the Plaintiff concluded a contract with the Defendant for the construction cost of KRW 1,493,00,000 (including value-added tax) and the construction period of KRW 1,493,00,00 from December 29, 2006 to May 31, 2009, and completed the instant secondary construction work on June 5, 2009.
【Ground of recognition】 The fact that there is no dispute over the ground of recognition, Gap evidence 1 (including branch numbers in the case of each unit number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The plaintiff's assertion and judgment on the first construction of this case
A. Plaintiff’s assertion (1) At the time of the contract with respect to the electric wires and cables required for the primary construction of this case, the construction of the electric wires and cables in the KS (Korean Industrial Standards) standard was ordered to be executed. The conclusion of the WTO Agreement led to the situation where the products of the IEC (International Electric Technology Commission) standard should be used after July 2006. The Defendant ordered the Plaintiff to change the specifications of the electric wires and cables into the IEC standard and ordered the Plaintiff to construct the additional construction cost equivalent to KRW 338,90,000 upon such change.
(2) In light of the above circumstances, the Plaintiff and the Defendant agreed on July 4, 2006 that the Plaintiff shall determine the Plaintiff’s additional construction cost of KRW 275,000,000, and that the Defendant shall pay it (hereinafter “instant first construction increase agreement”) and thereafter.