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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. In 2015, the Plaintiff filed a report on the construction of the second class neighborhood living facilities (a religious assembly-house), such as the drawings of the size of 133.92 square meters and the total floor area, on the ground of the area of the building and the area of the second class neighborhood living facilities (a religious assembly-house) on the land of Jindo-gun, Jindo-do, 2015. The Plaintiff accepted the said report on August 27, 2015.
However, the Plaintiff actually intended to build a building on the ground of the instant land for the purpose of using it as a house.
Article 1 [Standard Contract Terms of Construction Works]
1. The name of the project: Traditional Korean-style Housing Corporation;
2. The construction site: Jindo-gun C;
3. Commencement of construction period) 1: Completion of construction: 20 million won (excluding value-added tax 10%) on December 31, 2015.
5. Advance: 30 million won; and
9. Rate of liquidated damages for delay: 10% of the contract amount within the limit of 30 days.
1. The Defendant acknowledges that the present design content does not conform to the actual construction details by the Plaintiff, and, in accordance with the Plaintiff’s plan and needs, constructs a concrete subdivision and a building near traditional traditional Korean-style steel type, and the unit cost of construction shall be external and internal construction of KRW 4,500,000 per square meter, KRW 4,180,000,000 per square meter, excluding attached gambling sites.
2. The Defendant’s total cost of 6.5 square meters increased before the contract is concluded shall be KRW 20 million.
Article 13 (Adjustment of Contract Price due to Modification of Design)
1. When the contents of the design document are inconsistent with the condition of the construction site, or is unclear, omitted, or erroneous, or when an unexpected situation occurs in the course of construction works or when the business plan is modified;
2. Where an increase or decrease in the volume of construction works has occurred due to the modification of a design under paragraph (1), the contract amount shall be adjusted according to the following standards:
(i) the unit price for the increased or decreased construction works shall be based on the unit price on the specifications of the construction cost under Article 5;
2. The defendant shall have a retaining wall created in addition to the building.