1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On March 12, 2010, the Plaintiff was selected as the lowest bidder in the bidding process with respect to the construction of a Saturday and structure (hereinafter “instant construction”), among the construction works for the construction of a consortium (hereinafter “instant construction”). On April 15, 2010, the construction cost of the instant construction from the Defendant was KRW 1.63 billion (including value-added tax; hereinafter the same shall apply) and the construction period was fixed from May 1, 201 to May 30, 201.

(hereinafter “instant contract”). (b)

Article 7 of the Special Conditions for the instant contract (Modification of Contract Amount) provides that “The contract amount shall be concluded with the quantity indicated in the primary design by applying the unit price of the contract at the time when the secondary design is determined (Provided, That the same shall apply to the initial bid price for the design when a new type of design occurs and the unit price of the initial contract shall apply to the same type of similar type of design).” (C) After all, the Defendant shall enter into an amendment agreement to increase the contract amount to KRW 15.32 billion on October 27, 2010 during the instant construction project (hereinafter “the first amendment agreement”).

(2) On February 1, 2011, the contract to increase the construction cost in KRW 16.12 billion (hereinafter “instant secondary change contract”) (hereinafter “instant secondary change contract”).

A) On the other hand, each of the instant construction works was concluded. On the other hand, when examining the statement prepared at the time of concluding the instant secondary modification contract, the volume of earth and sand among the instant construction works increased, and the overall construction cost is KRW 745 million due to the decrease in respective quantity of drainage construction, structure construction and appurtenant construction works (the purport that the additional tax has been increased separately, and the detailed quantity change, unit price, etc. thereof are stated.

On July 30, 2010 to June 30, 2011, the Defendant paid the Plaintiff the progress payment for the previous month on the 30th day of each month, and the total sum of the progress payment that was paid to the Plaintiff from July 30, 201 to June 30, 2011 is KRW 1

On the other hand, the plaintiff and the defendant have completed the inspection after the inspection in relation to the payment for completed portion.