1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Facts of recognition

On February 10, 2001, the Plaintiff, including the conclusion of a contract, obtained approval from the Minister of Construction and Transportation for the implementation plan for the construction project of the light- Ulsan-Ullll, which was publicly notified on February 15, 2001 by the Ministry of Construction and Transportation No. 2001-33.

In accordance with the above implementation plan, the Plaintiff awarded a contract for the construction work of this case between the Plaintiff and the Defendant (hereinafter “instant construction work”). The contract for the construction work of this case between the Plaintiff and the Defendant is a design and construction separation contract (a contract between the contractor and the contractor to complete the construction work in accordance with the design plan if the contractor provides the contractor with design). At the time, the design (design drawing, specifications, and bill of quantity) offered by the Plaintiff to the Defendant was set by the method of general blasting rather than a non-vibration wave or vibration control method.

Article 18 (Modification, etc. of Design) (1) of the Contract for Construction Works and Contract for Construction Works among the details of the above contract for construction works, specifications and the report on the execution design of the construction works shall be subject to any of the following cases:

1. Where the contents of the design document are unclear or there are omissions, errors or contradictions among them;

2. Where the state of the construction site, such as geological features and water supply, differs from the design drawing;

3. Where the use of a new technology or method of construction has substantial effects, such as reduction of construction costs and reduction of construction period.

4. In cases where the authority awarding the contract deems it necessary to modify the design, or otherwise, it refers to the defendant of the other party to the contract. (1) When the situation of the construction site, such as geological features, water and underground structures, such as geological features, water and underground structures, is found to be different from the design, the person in charge of the contract shall, without delay, prepare a document stating the site conditions different from those specified in the design and notify the construction supervisor thereof.

② The Plaintiff or the Plaintiff in charge of the contract.