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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. On December 12, 2014, the Plaintiff entered into a design service agreement (hereinafter “instant design service agreement”) with C, jointly with the Defendant, for the term of 126,541,102 won, and the service period from December 12, 2012 to April 10, 2015, with the term of 126,541,102, and for the term of 126,541,102.
At the time, the Plaintiff and C agreed to share the building works, C’s electricity, telecommunications, and fire fighting works, respectively.
B. On May 14, 2015, the Plaintiff entered into a contract with the Defendant to change the contract amount from KRW 126,541,102 to KRW 126,541,100, and the total completion date from April 10, 2015 to May 14, 2015.
C. At the time of the instant design service, the total floor area of the instant new construction project was 1,650 square meters and the expected construction cost was 3.3 billion won, but on November 24, 2015, the total construction area was 2,290 square meters and the total construction cost was increased to 5,895,81,10 won.
[Reasons for Recognition] 1 to 5, 14, 15, Eul evidence 7 (including paper numbers), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff's assertion that the total floor area at the time of the design service in this case is 1,650 square meters, and the total construction cost is 3.3 billion won, and the design service cost was 126,541,100 won. However, the plaintiff's assertion that the total floor area is 2,290.59 square meters, and the total construction cost was increased to 5,895,881,100 won, and the total construction cost was changed to 220,925,000 won upon the defendant's request, so the defendant is obligated to pay 94,384,000 won to the plaintiff.
B. Article 22 of the Act on Contracts to Which a Local Government Is a Party shall be the head of a local government or a contracting officer shall conclude contracts which cause construction works, goods, services and other fiscal expenditures.