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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. The Defendant was awarded a contract from the Gian Electric Co., Ltd. (hereinafter “Syria Electric Co., Ltd.”) for “A-type city residential house and officetel construction work” on the Gangdong-gu Seoul Metropolitan Government Ground A, and the main contents are as follows:
Article 6 (Amount of Contract for Construction Work and Terms and Conditions of Payment for Construction Site) ① The contract amount for construction work to be paid to the “Defendant” shall be KRW 2,576,700,000 (including value added).
Article 12 (Construction Design, Supervision, etc.) (1) In case of a change in the design of building permit, the term "outboard company" and "Defendant" shall be consulted in advance.
Article 13 (Standards for Construction and Completion) (1) The standards for construction of “Defendant” shall be based on the books presented by “Nonindicted Company”.
Article 19 (Adjustment of Amount of Construction Works) In any of the following cases, "Defendant" shall notify the "Nonindicted Company" in writing and the "Nonindicted Company" and "Defendant" shall adjust the amount of construction works under Article 6 by mutual agreement:
1. Where there is an increase in the construction cost for modification of a design at the request of the "foreign company";
2. Where it is inevitable to revise a business plan due to amendment, etc.;
3. No adjustment of the above amounts of construction other than paragraphs 1 and 2 above shall exist.
B. On June 7, 2013, the Defendant subcontracted the part on installation of machinery and equipment and fire fighting installation works (hereinafter “instant construction”) to the Plaintiff among the said contracting construction works.
(The Defendant alleged that the subcontract is B, not the Plaintiff, but the Plaintiff, but there is no evidence to recognize it.
The main contents of the subcontract concluded between the original defendant at the time are as follows:
4. Period of construction: Period of construction: 386,250,000 won (including value-added tax) on June 7, 2013, and March 30, 2014;
6. Payment of the price;
(1) Any adjustment in accordance with the content and proportion of such adjustment within 30 days from the date of such adjustment from the ordering person;