Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
With the Defendant on October 24, 2012, the Plaintiff entered into a construction contract (A) with the Defendant’s dental hospital located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant construction contract”) for the construction of 121 square meters of interior works (hereinafter “instant construction works”), and entered into a construction contract with the Defendant’s dental hospital located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant construction works”). On December 5, 2012, there is no dispute between the parties, and the Plaintiff was paid the full amount of KRW 62,50,000,000 agreed by the Defendant at that time.
On the other hand, according to Gap's records, the related parts of the construction contract (A) entered into between the plaintiff and the defendant can be acknowledged as follows:
Article 1 (1): The plaintiff shall submit a written estimate, detailed statement, and process list to the defendant before the commencement of works to obtain approval.
Article 2 (1) : When the contents of construction are modified or added at the request of the defendant during the process of construction or after the completion of construction, the plaintiff may comply with it, and the defendant shall pay additional expenses incurred in the modification and mediation to the plaintiff.
A change of construction after the completion of construction shall be processed under a separate contract.
Paragraph 4: Where the construction amount is changed pursuant to paragraph (1), the balance shall be settled at the time of payment.
In principle, there shall be no change in the total construction cost when it is not anticipated that the additional contract is not yet revised.
As to the cause of the claim in this case, the Plaintiff asserts that the construction cost was additionally paid to KRW 49,094,00 (the details are as stated in Gap 5) by performing the addition and alteration work at the Defendant’s request during the instant construction work, and that the Defendant is obliged to pay the Plaintiff KRW 49,094,00,000 in total of the additional and modified construction cost.
Therefore, we examine whether the Plaintiff entered into an agreement on the above addition and modification with the Defendant and carried out the addition and modification work accordingly, and 1-25 (including each number).