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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, along with the Youngjin Construction Co., Ltd. (hereinafter “Yjin Construction”), received construction period from the Defendant during the construction period from January 2, 2009 to October 31, 2012, with respect to one of the construction works of the 4th cycle road private investment facilities and the 2-2 sections of the 2-2 sections of the front mountain tunnel among the construction works of the 4th cycle road private investment facilities (hereinafter “each 1 section,” “2-2 sections,” and, in combination, “the subcontracted construction work in this case”) from the Defendant, from January 2, 2009 to September 23, 2012; and from September 2, 2009 to September 31, 2012, with respect to the construction work of the 2-2 sections from September 7, 2009 to September 30, 2009 to September 30, 2009 to September 30, 2009.
B. Since then, the Plaintiff, Youngjin Construction, and the Defendant modified the contents of the subcontracted project of this case three times as indicated below.
The 2-2 construction works until December 23, 2012, no later than December 23, 2012, 2012, during the period of changing the price for sectional change, shall be until December 25, 2012, construction works for one Section for one Section, 44,97,900,647,900 won until December 23, 2012, until February 2013, 2012, by December 15, 2013.
C. On December 16, 2012, the Plaintiff requested the Defendant to increase the construction price in addition to the portion of the construction price increased under the above modified contract, and there was a bilateral dispute between the Plaintiff and the Defendant following its refusal, the Plaintiff agreed to resolve the design change and additional cost items arising in connection with the instant subcontracted project through arbitration (hereinafter “instant arbitration agreement”), and the Plaintiff, upon January 2013 under the said arbitration agreement, changed the amount of the application to KRW 5,718,365,959 against the Defendant at KRW 6,218,485,90.
In addition, the KCAB filed an application with the KCAB for the payment of damages for delay (No. 1311-007).