Text
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.
Reasons
1. Basic facts
A. On March 21, 2014, the Defendant entered into a contract with Sejong Special Self-Governing City for construction works, setting the construction cost of KRW 11,800,000 (excluding value-added tax) and the construction period from March 26, 2014 to March 25, 2015, with respect to the construction works for the “E Complex Facilities” (hereinafter “E Complex Facilities”) on the ground outside and two parcels of Sejong Special Self-Governing City as KRW 11,80,000 (excluding value-added tax) and the construction cost of KRW 11,50,000 (excluding value-added tax) on the land. On August 14, 2014, the Defendant entered into a contract for a revision to the effect that the construction cost is reduced to KRW 11,50,000 (excluding
(hereinafter “instant prime contract”). B.
Around March 2014, F Co., Ltd. (hereinafter referred to as “F”) entered into a subcontract agreement with the Defendant for construction works (hereinafter referred to as “instant subcontract agreement”) with respect to construction works for soil and household facilities (hereinafter referred to as “instant subcontract”) among the instant original contract works, by setting the construction cost of KRW 1,000,000,000 (excluding value-added tax) and the period from April 1, 2014 to May 30, 2014.
(However, the contract was made on March 30, 2014).
On March 28, 2014, the Plaintiff entered into a subcontract for construction works (hereinafter “instant re-subcontract”) with F to set the construction cost of KRW 880,000,000 (including value-added tax) and the construction period from March 28, 2014 to December 30, 2014 (hereinafter “instant re-subcontract”).
C On November 20, 2014, among the original contract works in this case, the construction works of underground floors C. I.P. (construction works for the foundation of a structure or underground excavation; hereinafter “the soil of this case”) included in the re-subcontracted construction works executed by the Plaintiff, unlike the design drawings, was constructed differently from the design drawings. Accordingly, the construction works thereafter are to remove the parts of the wrong construction works within two months and to reconstruct them in compliance with the design drawings.