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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. 1) The Plaintiff and the Defendant entered into a contract between the Plaintiff and the Defendant (hereinafter collectively referred to as “Plaintiff, etc.”) and Crober Integrated Construction Co., Ltd. (hereinafter referred to as “Plaintiff, etc.”)
(2) On March 30, 2009, the Defendant received a contract from the Defendant for the construction work of the Ara District Infrastructure Corporation (hereinafter “instant contract”) by setting the construction cost of KRW 17,808,832,00 (including value-added tax) and the construction period from April 6, 2009 to August 5, 2012 (hereinafter “instant contract”).
(2) As to the above contract, the Plaintiff, etc. and the Defendant: (i) an amendment to the contract on December 31, 2009; (ii) an amendment to the contract on September 2010 to reduce the construction cost of KRW 16,43,208,00; (iii) an amendment to the contract on December 28, 2010 to increase the construction cost of KRW 16,461,247,00; (iv) an amendment to the contract on December 26, 201 to reduce the construction cost of KRW 16,306,85,000; (v) an amendment to the contract on December 26, 201 to reduce the construction cost of KRW 16,306,85,000; and (v) an amendment to the contract on March 31, 2012 to the construction cost of KRW 16,433,000; and (v) an amendment to the contract on March 31, 2015, 2013013
(A) Accordingly, the construction period of the instant contract was determined from April 6, 2009 to May 31, 2013, and the construction cost was determined at KRW 16,392,385,00, respectively; hereinafter referred to as the “instant modified contract”). (B)
(1) On May 31, 2013, the Plaintiff submitted an inspection on completion of construction and payment of the construction cost to the shot Engineering Co., Ltd., a supervisory team. However, the said inspection on completion was rejected on the ground that the non-construction process for the entire portion constitutes 5.42%. (2) The Plaintiff received the inspection on completion of the instant construction work on July 18, 2013, and the Defendant.