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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On December 9, 2014, the Plaintiff entered into a construction contract with the Defendant for the construction cost of KRW 41 million (no advance payment is made; intermediate payment: KRW 1 million upon completion of stone works except T40,000,000,000,000 won at the completion of construction of T40,000 square meters in India, KRW 6 million at the completion of the construction of T40,000,000,000,000 won at India’s site entry into the 3330 square meters, and KRW 5,000,000,000,000,000 won (after submitting a letter of warranty after approval for use of a building) from December 29, 2014 to March 31, 2015 (hereinafter “instant construction contract”).
At the time of the instant contract, the original Defendant entered into a contract under the condition attached to the terms and conditions of the construction contract, the certificate of materials for payment, and the design drawing, and the terms and conditions of the construction contract are as follows:
Article 10 (Non-conforming Works) A (referring to the defendant; hereinafter the same shall apply) if there are parts unsuitable to design documents in the course of the work performed by Eul (referring to the plaintiff; hereinafter the same shall apply) in the course of the work performed by Eul (referring to the plaintiff; hereinafter the same shall apply), he/she may request a correction thereof, and Eul shall comply with it without delay; and Eul may, if the correction of inappropriate construction is not immediately performed, make correction through a third party. In such cases, Eul may not raise an objection, such as sewage, etc. even after deducting the expenses incurred in the correction from the contract amount, and may not request an extension of the air.
3) At the time of the occurrence of a reconstruction project due to an inappropriate construction project, all the costs incurred therein shall be borne by B. When the extension of the construction period is required due to natural disasters or other inevitable reasons, including natural disasters, A and B shall be decided through consultation with B.
2) There is no change in the down payment due to air change when the construction period is extended due to Party A’s cause. Article 13 (Change of Contract Amount) Party A’s request and construction.