1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On June 4, 2013, the Plaintiff concluded a construction contract with the Defendant and Yeongdeungpo-gu Seoul Metropolitan Government D Public Complex Facilities Construction Contract (hereinafter “instant construction contract”) on the construction period from December 15, 2016 to December 14, 2018, setting the construction cost of KRW 488,079,060 (hereinafter “instant construction contract”).

B. The Plaintiff and the Defendant changed the terms and conditions of the instant construction works several times, and finally set the total contract amount of KRW 471,830,980, and the deadline for completion on December 14, 2018, and completed the instant construction works around the date of completion.

C. On December 28, 2017, the Defendant paid the Plaintiff the construction price of KRW 471,830,980, totaling KRW 323,246,880, and KRW 471,830,00,00 for the first completed portion, KRW 584,10 for the second completed portion, and KRW 148,00 for the second completed portion, September 19, 2018, and KRW 273,246,880 for the completion payment on December 27, 2018.

Of the general terms of the instant construction contract, the part relating to the instant case is as follows.

Section VII. Adjustment of Contract Price

3. Adjustment of contract amount due to price fluctuation.

A. The adjustment of the contract amount due to price fluctuation shall be in accordance with Article 73 of the Enforcement Decree and Article 72 of the Enforcement Rule.

(b) When the contract amount is adjusted for the same contract, the product adjustment rate and index adjustment rate shall not be applied simultaneously, and when concluding the contract, the contract shall be stated in the contract so that the contract amount may be adjusted by the product adjustment rate, except where the other party to the contract wishes the index adjustment rate.

In such cases, the method of adjusting the contract amount specified in the contract shall not be arbitrarily changed.

Provided, That where the contract is not specified in the contract and the contract amount is adjusted according to the price fluctuation for each material of a specific standard pursuant to Article 73 (6) of the Enforcement Decree, notwithstanding the provisions of the main sentence, the item adjustment

(c)where the contract amount is increased pursuant to “A”, the other party to the contract shall be requested, and the other party to the contract shall be subject to the case of a long-term continuing contract, the cost of completion under Section 9, “6,” respectively.