1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 21, 2010, the Plaintiff constituted a joint contractor with B Co., Ltd. (hereinafter “B”), and was awarded a contract by the Defendant with the “C Corporation (hereinafter “instant construction”) as the contract amount of KRW 7,374,149,00, and the construction period from April 26, 2010 to December 31, 2012 (981, total construction period).

The instant construction contract was concluded as a long-term continuing contract.

B waived the instant construction work on June 27, 2012 on the grounds of business difficulties, and transferred the shares of the said joint contractors to the Plaintiff.

On the same day, the Plaintiff and the Defendant concluded a modified contract with the content of the modification of the contract.

B. The main contents of the contract price adjustment among the general conditions of the construction contract that became the contents of the instant construction contract are as follows:

(4) The ratio of indirect labor expenses, general management expenses and profits, such as the ratio of indirect labor expenses, industrial accident insurance premium and occupational health and safety management expenses, etc. on the increase or decrease in the contract amount referred to in paragraphs (1) and (2) shall be based on the ratio of indirect labor expenses, such as the ratio of industrial accident insurance premium and occupational health and safety management expenses, and general management expenses and profit ratio on the calculation sheet, but it shall not exceed the ratio determined by

(7) Where an order-placing agency adjusts a contract amount under paragraphs (1) through (6), it shall adjust the contract amount within 30 days from the date of receiving a request from the other party to the contract for the adjustment.

In such cases, where it is inevitable, such as delay in allocating a budget, the period of adjustment may be extended after consultation with the other party to the contract, and when there is no budget to adjust the contract amount, the consideration may be paid after adjusting the volume, etc.

(8) If a contracting officer finds that any other party to the contract requests adjustment of the contract amount under paragraph (7) is unreasonable, he/she shall do so without delay.