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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. Leneco Co., Ltd. (hereinafter “Leneco”) awarded a contract for the construction of a new construction of the Suwon-dong Manban apartment complex in Gwangju Mine-gu, Gwangju. On January 2012, 2012, the Defendant awarded a subcontract to the Defendant for the construction cost of KRW 4,372,780,000 (including value-added tax) during the said new construction work (hereinafter “instant construction”).
(hereinafter “instant subcontract”). (b)
Around January 2012, the Defendant awarded a sub-subcontracted the instant construction project to Dong Young L Co., Ltd. (hereinafter “Dong Young L”) at the same amount as the subcontract price (hereinafter “instant sub-subcontract”) and Dong Young L Co., Ltd. performed the instant construction project from January 2012 to May 2012. However, Dong Young L Co., Ltd.’s representative director died and thus, the instant construction project could no longer be performed.
C. Accordingly, the Defendant directly performed the instant construction from May 2012 to September 6, 2012. On September 6, 2012, the Plaintiff re-subcontracted the remainder of the instant construction works (hereinafter “the remainder of the instant construction works”) to the Plaintiff (hereinafter “re-subcontract 2”), and at the time, he/she agreed to make a subsequent settlement as to the parts of the instant construction works (hereinafter “re-subcontract 2”); and the construction cost was set at KRW 4,372,780,00 as the construction cost of the instant sub-subcontract 1.
The Plaintiff, while executing the instant construction, requested for partial revision of its work process. On March 5, 2013, the Plaintiff, the Defendant, and the Rotteco agreed to bear the cost of materials equivalent to KRW 1,526,491,804, which is necessary for the remainder of the instant construction work. Based on the foregoing agreement, the Plaintiff and the Defendant modified the remainder of the construction work to KRW 2,846,00,000 (including value-added tax) (hereinafter “instant amendment agreement”).