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1.The judgment of the first instance, including the participation of an independent party in the trial, shall be modified as follows:
The plaintiff.
Reasons
1. Basic facts
A. On December 19, 2005, the Defendant Union and the Defendant NanstabC Co., Ltd. (hereinafter referred to as the “Defendant Company”) agreed to jointly implement the project of constructing a main complex building on the land of Dongdaemun-gu Seoul and D, Dongdaemun-gu, Seoul, and the 13th above ground level (hereinafter referred to as the “instant building”).
B. 1) On February 21, 2008, the Plaintiff entered into a contract with the Defendant Company for construction works of the instant building at KRW 7.35 billion (excluding value-added tax), March 1, 2008, and May 15, 2009 (hereinafter referred to as the “instant construction contract”).
(2) On the other hand, on February 21, 2008, the Defendant Union concluded a construction contract with the Plaintiff and the Plaintiff as the construction manager and with the construction cost of KRW 8.3 billion as to the instant building. The Plaintiff’s share was equivalent to KRW 7.35 billion as indicated in the preceding clause. The Plaintiff’s share was determined and contracted as the remainder KRW 950 million.
C. A change in the construction contract and the Defendant Company entered into the first changed contract (hereinafter “the first changed contract”) with the construction period extended on or around October 7, 2008 to July 31, 2009 and with the construction amount increased to 7.4 billion won. Around July 30, 2009, the construction period is extended to March 15, 2010, the construction amount is increased to 7.425 billion won, the construction amount is increased to 7.45 billion won, and the compensation for delay in the construction contract of this case is deducted from the construction amount to 450 million won, and if the construction work has been completed within the construction period set forth in the second changed contract, the compensation for delay was exempted, but if the construction has not been completed within the period set forth in the second changed contract, the second changed contract (hereinafter “the second changed contract”).