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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. On April 3, 2008, A Co., Ltd. (hereinafter referred to as “A”) was established for the purpose of site development project, and entered into a contract with the Defendant for the construction of the first site in the said planning zone (hereinafter referred to as “instant contract”) from December 1, 2008 to September 30, 2009, by dividing the project site, including real estate in the attached list, into one and two lanes. On November 14, 2008, with respect to the construction of the first site in the said planning zone (hereinafter referred to as “instant construction”), with respect to the construction cost of KRW 4.389 billion (including value-added tax) and the construction period, from December 1, 2008 to September 30, 2009 (hereinafter “instant contract”).
B. On March 12, 2009, the Defendant requested A to modify the design on the ground that the gradient of the first site has considerably deteriorated, and that the conditions of access road work are inferior, and A modified a design to obtain approval for a general industrial complex plan (unit plan) regarding the instant project site.
Accordingly, on June 19, 2009, A agreed that the additional construction cost shall be calculated as KRW 390 million and the deadline for completion shall be extended until December 30, 2009, by December 30, 2009.
C. On December 20, 2008, the Defendant subcontracted the instant construction among the instant construction works, and on September 22, 2009, the ancillary civil construction works were undertaken, respectively. However, on April 2010, the Nonindicted Land Co., Ltd suspended the instant construction works, and thereafter, the Defendant directly performed the instant construction works until August 10, 2010.
The defendant did not pay the construction cost even after completion of the construction work on the instant project site on or around August 10, 2010, and the list from October 8, 2010 to the attached list.