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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On February 14, 2014, the Plaintiff was awarded a contract for a tunnel (D tunnels and E tunnels) construction period between February 14, 2014 and January 2, 2015, among C works ordered by the Defendant to the Defendant by the Busan Regional Land Management Agency, with the contract price of KRW 6,49,900,000.
(hereinafter “instant contract”). The Plaintiff and the Defendant changed the contract amount to KRW 7,040,00 on September 30, 2014 on the ground of the addition of the mining type of work, and the construction period from February 14, 2014 to June 30, 2016, respectively, on the ground of the change of design, the contract amount to KRW 7,487,70,000 was changed to KRW 7,00 on the ground of the change of design on January 8, 2015.
Article 14 (Change or Suspension of Construction Work) (2) With respect to the volume of construction work additionally executed by the Plaintiff according to the Defendant’s instruction, A did not have increased from the ordering person.
Even if the plaintiff is increased, it shall be paid to the plaintiff.
Article 14-2 (Change of Contract Price due to Modification of Design) (1) In case where there occurs an increase or decrease in construction capacity due to a request of the ordering person or his modification of design, etc., the defendant shall adjust
(2) The adjustment of contract amount under paragraph (1) shall be governed by the following standards:
However, the same shall apply to the modification of the design from the ordering person within the scope of adjustment given by the ordering person.
1. The unit price for the increased or decreased construction works shall be the unit price indicated in the calculation sheet under Article 3 (2) (hereinafter referred to as "contractual unit price");
2. The unit price for a new item with no agreed unit price shall be determined by multiplying the unit price determined as at the time of design modification by the successful tender ratio;
3. Where the ordering person requests a change of design, he/she shall determine the unit price for the increased quantity or new expense by consultation between the parties concerned within 50/100 of the sum of the unit price calculated at the time of the change of design and that calculated by multiplying the same unit price by the successful tender rate, notwithstanding the provisions of subparagraphs 1
(3) General management expenses and profits for the increased or decreased portion of contract amount shall be determined at the time of conclusion of contract.
4. The defendant