1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Sincheon-do Association for Livestock Excreta (hereinafter “Yancheon-gun Savings Association”) awarded a contract to the Defendant for the construction of a facility for joint recycling of livestock excreta on the land outside 286-1 and one parcel, located in the Yancheon-gun, Gun, Gyeonggi-do (hereinafter “Yancheon-do Association”).

On March 23, 2009, the Defendant made a subcontract to the Plaintiff on March 23, 2009, setting the part of the civil engineering and construction works among the construction works on March 23, 2009, July 31, 2009, the subcontract amount of KRW 1,239,000,000, and the contract amount of penalty for delay at 1/1,000.

Article 14 of the Terms and Conditions of the Agreement on Construction Works shall be as follows:

Article 14 (Adjustment of Contract Amount Due to Modification of Design) (1) When the contents of a design do not coincide with the condition of the construction site, or are unclear, omitted or erroneous, or unexpected circumstances in relation to construction occur or the project plan is modified, the design shall be modified.

(2) Where an increase or decrease in construction volume due to a modification of design under paragraph (1) occurs in excess of 5% of the total quantity, the contract amount shall be adjusted according to the following standards:

1. The unit price of the increased or decreased construction works shall be based on the detailed statement of the construction cost referred to in Article 5;

2. The unit price for a new item not included in the detailed statement of construction price shall be determined as at the time of design modification; and

3. General management expenses and profits for increased or decreased construction works shall be based on the ratio as at the time of conclusion of contracts;

B. The Plaintiff, while carrying out construction work in accordance with the annual construction work design drawings (Evidence No. 2-3 of the A), was unable to sell underground as a result of the first design following the cancer, and the design was modified. The Plaintiff completed the construction work around October 30, 2009 in accordance with the modified design drawings (Evidence No. 4-1 of the A).

C. After that, the Defendant commenced the joint resource-generating facility for livestock excreta by the Nansan Environment-Friendly Savings Association, as to the land Nos. 9, 10, and 11 in the Yan-gun, Yansan-gun, Chungcheongnam-do, Chungcheongnamcheon-do, in addition to the aforesaid construction work, on March 8, 2011; the completion of construction; June 30, 201; the subcontract price of 1,15,000.