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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. On April 12, 2019, the Plaintiff and the Defendant entered into a contract with the Plaintiff under which the Defendant would subcontract the Plaintiff with the construction cost of KRW 220 million (excluding value-added tax) and the construction period from April 15, 2019 to September 30, 2019 (hereinafter “instant subcontract”).
B. On September 30, 2019, the Plaintiff entered into a contract with the Defendant to modify the instant subcontract (hereinafter “instant modified contract”) by reflecting additional construction works, etc. due to design change, etc. while performing the instant construction project under the instant subcontract. The amended major contents are as follows.
The construction period: The contract amount from April 15, 2019 to November 30, 2019: 292,00,000 won (excluding value-added tax) - Advance payment of KRW 22,00,000 (excluding value-added tax): The first payment of intermediate payment of KRW 44,00,000 (within seven days after the bank note or the entry of drainage structures (within 7 days after the date of early payment) - The intermediate payment of KRW 55,00,00 (within 14 days after the date of progress of construction work) - The intermediate payment of KRW 3:5,00,00 [within 14 days after the date of progress of construction work] The intermediate payment of KRW 80,00 [within 14 days after the date of completion of construction work] - The intermediate payment of KRW 360,000,000 (the level of pre-use inspection] on the date of completion of construction work (within 14 days after completion of construction work];
C. However, on October 2, 2019, immediately after the instant modified contract, the Plaintiff delayed payment of the payment for the completed portion under the instant subcontract; the basic design, which is the basis of the instant construction, was erroneous by the Defendant, and the Plaintiff did not pay the re-design cost even after the re-design was made; and the re-design cost and partial additional construction cost are not reflected in the instant modified contract, and the instant construction cost is not reflected in the instant modified contract.