1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The status of the party is a company that carries on the soil construction business and the non-structure dismantling business, and the defendant is a company that manufactures and sells food fees.

B. On September 21, 2015, the Defendant entered into a contract for the removal of the instant construction works and the progress of the construction work. 1) In order to operate the “Cwa Holdings” on the 7-8th floor of the Kucheon-gu Seoul Special Metropolitan City B building, the Defendant decided to remove the facilities installed at the original place and carry out construction of the facilities of the Holdings. 2) On September 21, 2015, the Plaintiff entered into a contract for the removal of the instant construction works from the Defendant during the period of the contract from September 23, 2015 to November 222, 2015 (a separate contract amount of KRW 350,000,000 (the amount of value-added tax reduced to KRW 370,000,000,000, compared to the estimated amount submitted by the Plaintiff to the Defendant).

Article 14 (Change, Suspension, etc. of Construction Works) (1) "A" of the General Conditions of the Contract for Construction Works for the Removal Works of this case concluded by the Plaintiff and the Defendant (hereinafter referred to as the "the Contract for Construction Works of this case") may, if deemed necessary or at the request of the project owner, request "B" to change or add the contents of the Construction Works, or temporarily suspend all or part of the Construction Works in writing.

If it is deemed necessary to extend or reduce the construction period or to increase or decrease the contract price, it shall be determined in consultation with "B".

However, the same shall not apply where the relevant cause is "B".

(2) An increase or decrease in the contract amount under paragraph (1) shall comply with the following standards to the extent so adjusted by the ordering person:

1. The unit price for the increased or decreased construction works shall be the unit price indicated in the calculation sheet (hereinafter referred to as "contractual unit price");

2. The unit price for a new item with no agreed unit price shall be the successful tender ratio for the unit price calculated as at the time of design modification;