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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 plaintiff is a company that aims at construction and civil engineering works, and entered into a contract for the supply of and demand for access roads to the E Complex from D Corporation, and the defendant is a company that aims at soil construction business, reinforced concrete construction business, etc.
B. On October 28, 2014, the Plaintiff entered into a contract with the Defendant to provide a subcontract with the construction cost of KRW 7.522,90,000 (including value-added tax) for the section of underground tea (including the construction of underground teas at the lower part of an expressway; hereinafter “instant construction”) during the construction period of access road to the E Complex from October 28, 2014 to November 7, 2015. Thereafter, the Plaintiff changed the terms of the said contract to the following: the contract amount of KRW 7.92,360,00 (including value-added tax) on August 25, 2017; the construction period of KRW 7.92,360,00 (including value-added tax) from October 28, 2014 to August 26, 2017:
(hereinafter referred to as “instant subcontract”). (c)
On May 17, 2015, when the Defendant installed earth boards before commencing excavation works, the Defendant dumpeded and racked on an expressway concrete package located in the area adjacent to the newly established section, and accordingly, on May 21, 2015, the Defendant dumped up soil on the expressway side as part of emergency measures, thereby preventing soil erosion. Since then, many experts, supervision groups, ordering agencies, design parties, and the Plaintiff, etc. have changed their design in part while performing construction works to strengthen the current ground as measures.
Around January 2016, the Defendant commenced excavation works. However, from February 2016, the Defendant began to perform temporary repair works more than twice to the extent that the construction can be carried out again, as the additional ground subsidence and rupture of the expressway have occurred in the process of the excavation from around February 2016 (hereinafter referred to as “instant packing crack and ground subsidence”). From around October 2017, the Plaintiff had completed the instant construction works.