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1. The defendant's appeal is dismissed.
2. The plaintiff's claim added by this court is dismissed.
3. The appeal costs.
Reasons
1. The following facts of the case are acknowledged as having no dispute between the parties, or as having comprehensively taken account of the overall purport of the pleadings in the entries in Gap evidence Nos. 1 to 5, and Eul evidence No. 8:
A. On September 17, 2013, the Plaintiff formed a joint supply and demand system with which the Plaintiff executes the construction work and the design to gather together with the Plaintiff, and entered into a contract with the Defendant on September 17, 2013 (hereinafter “instant construction project”) under the terms and conditions as follows with respect to the remodeling construction of ancillary facilities, such as the club of the “SeoulCC” club, etc. (hereinafter “instant construction project”).
Article 39 (Payment of Price) (1) The other party to the contract may submit to the contracting officer and the construction supervisor a written request for the payment of the price for the completed portion (the payment plan for subcontractor and material and equipment business operator shall be attached) for at least 30 days until the date of completion of the inspection under Article 27 (8).
(2) The contracting officer shall pay the other party to the contract with the amount determined according to the inspected details within five days from the date the inspection is completed.
Provided, That where the other party to a contract requests the payment of the price after the inspection is completed, it shall be paid within five days from the date of receipt of such request.
Article 39-2 (Payment of Price before Adjustment of Contract Amount) (1) In cases where it is anticipated that the contract amount will be increased or decreased compared to the original contract amount due to price fluctuations, design changes, or other changes in the terms of contract, the person in charge of contract shall pay the term price calculated based on the original calculation statement in accordance with Article 72 of the Enforcement Rules of the Management of the National Funds Act.