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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D Co., Ltd and E Co., Ltd. (hereinafter “D” and “E”) constituted a joint supply and demand organization with D’s representative company (hereinafter “instant joint supply and demand organization”) in order to receive a contract for G construction works from F institutions (hereinafter “instant project”).
B. Around November 2009, the instant contracting body concluded a contract for a construction project of this case with the F Company’s construction cost of KRW 81,375,00,000 (including value-added tax; hereinafter the same shall apply) and the construction period was extended from December 14, 2009 to November 28, 2013.” At the time, D and E’s share was 57% and 43%, respectively.
C. On October 25, 2010, the Plaintiff entered into a subcontract for supply and demand (hereinafter “instant construction contract”) with regard to “land and structure construction (hereinafter “instant construction”) among the instant construction projects from D, with the contract amount of KRW 15,615,60,00,00 and the construction period of KRW 15,615,60,00,00, from October 25, 201 to November 22, 2013.” On March 24, 2011, the Plaintiff changed the contract amount of KRW 15,693,70,000 to “15,693,700,000,” and on June 8, 2012, the Plaintiff changed the contract amount of KRW 16,857,50,000,000 and the construction period from October 25, 2010 to KRW 28,2014.”
After November 22, 2013, the construction period was extended by December 31, 2014 according to the third amendment contract concluded in November 22, 2013.
D’s rehabilitation procedure began on July 3, 2012. On April 26, 2013, the Plaintiff requested D to pay KRW 2,606,000,000 as compensation for losses on the ground of an increase in construction costs incurred by additional construction works, etc. on April 26, 2013. D and the Plaintiff on August 27, 2013 (hereinafter “instant agreement”). The written agreement provides that “The Plaintiff shall compensate the Plaintiff for additional losses up to KRW 32,00,000 when additional losses incurred between September 20 and June 2014” (hereinafter “instant agreement”).