1. The plaintiff's claim is dismissed.

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

1. Presumed facts

A. On March 4, 2013, the original and the Defendant was a company that runs the building construction business, and the Plaintiff was awarded a subcontract for the soil construction work from the Defendant for KRW 737 billion among the new construction works of C Hospital.

On August 28, 2013, the Plaintiff and the Defendant entered into a contract for the first change of the construction cost of KRW 1.8 billion (= KRW 1.742 billion for earth and sand works).

(hereinafter the Plaintiff’s subcontracted construction work from the Defendant (hereinafter “instant construction work”). B

On September 19, 2014, soil construction works and water supply and sewerage construction works have been completed.

[Ground of recognition] The fact that there is no dispute, Gap's 1 to 3 evidence (including a branch number, if any; hereinafter the same shall apply), and witness D's testimony

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is as follows: (a) on December 5, 2013, the Defendant agreed to increase the construction cost of KRW 2.224 billion on December 5, 2013, which was after the first alteration contract (i.e., KRW 2.., KRW 2.16 million (i., KRW 58 million); (b) the Plaintiff paid KRW 2,001,094,000 from the Defendant out of the construction cost; and (c) the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 222,906,00 (i.e., KRW 2,224,00,000 for the second alteration contract price of KRW 2,00,00 for the second alteration contract - KRW 2,01,094,000 for the second alteration contract and delay damages thereon.

''

B. The summary of the defendant's assertion is that the contract for the second alteration is concluded by D as the defendant's working person who is not authorized to enter into the contract with E, the plaintiff's working person, without the defendant's consent.

The defendant agreed to settle the construction cost at a discount of 5 to 10% from the amount of the second change contract with F and F that were the representative director of the plaintiff.

If the defendant deducts the amount subrogated from the above amount, the construction cost shall not be paid to the plaintiff.

''

3. Determination

A. First, we examine whether the secondary modification contract is valid.

Gap evidence Nos. 1 through 3, witness E and D testimony, and defendant representative G.