The plaintiff (appointed party)'s claim is dismissed.

Litigation costs shall be borne by the plaintiff (appointed party).

1. Basic facts

A. On September 23, 2016, the Defendant: (a) announced a public announcement of “D Corporation” (hereinafter “D Corporation”); (b) on September 23, 2016, the Plaintiff and the designated parties constituted a joint supply and demand organization at the share of 49:51 (hereinafter “Plaintiff, etc.”) and participated in the said tender and received the award.

Accordingly, on October 10, 2016, the Defendant concluded a contract for construction works with the Plaintiff, etc. by setting the construction amount of KRW 4,411,587,00 for the instant construction works, and the construction period from October 14, 2016 to October 13, 2017.

(hereinafter referred to as the “instant contract” is referred to as a modified contract and as a general term. (b)

According to Article 45 (1) of the Railroad Safety Act, when excavation, etc. is conducted in a railroad protection zone within 30 meters from the railroad boundary line, the Korea Rail Network Authority shall report to the Minister of Land, Infrastructure and Transport, etc., and on July 25, 2017, the Korea Rail Network Authority approved the Defendant’s report on the act within the railroad protection zone. The Korea Electric Power Corporation also notified the Korea Electric Power Corporation of the period of suspension plan within the construction zone from November 18, 2017 to December 8, 2017.

C. Accordingly, the Plaintiff et al. requested postponement of the instant construction period on September 19, 2017. On December 31, 2017, the Defendant concluded a contract to extend the construction period under the instant contract by December 31, 2017 and to reduce the construction amount by KRW 4,380,200,000.

Since then, the period of construction under the instant contract was changed to May 31, 2018, May 3, 2018, and July 31, 2018.

On July 20, 2018, the Defendant entered into a contract with the Plaintiff, etc. to change the construction amount to KRW 4,299,510,000 on the grounds of design changes, price fluctuations, etc. according to the volume changes.

E. The instant construction was completed on July 27, 2018.

Plaintiff

On July 30, 2018, the Defendant filed a claim for the payment of the remainder of KRW 273,647,00 with the Defendant, and the Defendant on July 30, 2018.